StudiGuide 15: California Laws of Arrest

Study Guide for the California Police Academy (P.O.S.T.) Written Examination

This StudiGuide course provides a practice review-testing resource for police academy cadets (based on the state of California’s Commission on Peace Officer Standard and Training 'POST' requirements) to help understand and pass the POST written examinations.

RECOGNIZE a peace officer’s responsibility in relation to the protections and rights included in the following amendments to the U.S. Constitution and related California Constitution sections:

· The Fourth Amendment

· The Fifth Amendment

· The Sixth Amendment

· The Fourteenth Amendment

RECOGNIZE a peace officer’s responsibility in relation to the protections included under federal civil rights statutes.

RECOGNIZE:

· appropriate conduct during a consensual encounter

· conduct that may elevate a consensual encounter

· the consequences of elevating a consensual encounter

· reasonable suspicion

· appropriate peace officer actions during a detention

· the scope and conditions for warrantless searches and seizures during a detention

· conditions where the use of force or physical restraint is appropriate during a detention

· when there is probable cause to arrest

· information that must be given to an arrested person

· elements of a warrantless arrest for a misdemeanor

· elements of a warrantless arrest for a felony

· elements of a warrant arrest

· the requirements for entry into a dwelling to make an arrest

· the authority for a private person arrest and the peace officer’s duty in response to a private person arrest

· conditions under which the use of force or physical restraint is appropriate during an arrest

· the statutory requirements for the disposition of an arrested person

· the exception(s) to the powers to arrest

· when Miranda warnings must be given

· the impact of invoking: the right to remain silent and the right to counsel

· the types of Miranda waivers

· the exceptions(s) to the Miranda rule

DIFFERENTIATE between:

· a detention and a consensual encounter

· an arrest and a detention

· an interview and interrogation

· an admission and a confession

IDENTIFY:

· elements of a lawful arrest

· the purpose of the Miranda warning(s)

· the proper administration of Miranda warnings

· the purpose of an interrogation

· the conditions in which a confession or admission may be inadmissible in a court