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Chapter 6. Identifying and Arresting Suspects. Identifying a Suspect at the Scene. Identification by driver’s license Drivers License Guide. Field Identification/Show-Up Identification.
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Chapter 6 Identifying and Arresting Suspects
Identifying a Suspect at the Scene • Identification by driver’s license • Drivers License Guide
Field Identification/Show-Up Identification • Field Identification or show-up identification is on-the-scene identification of a suspect by a victim of or witness to a crime. Field identification must be made within a short time after the crime was committed. • U.S. v. Ash, Jr. (1973) established that a suspect does not have the right to have counsel present at a field identification.
Suspects are Developed by: • Information provided by the victims, witnesses and other persons • Physical Evidence left at the crime scene • Psychological profiling • Information in police files • Information in the files of other agencies • Informants
Victim and Witness Information • Ask very specific questions • Use mug shots of possible suspects • Use composite drawings and sketches • Examining modus operandi information
Information in Police Files and Other Agencies • Community Level • County Level • State Level • Federal Level • INTERPOL – The International Criminal Police Organization • Private Agencies
Identifying Suspects • Photographic Identification: A suspect does not have the right to a lawyer if a photographic lineup is used (U.S. v. Ash). • Lineup Identification: Suspects may refuse to participate in a lineup, but such refusals can be used against them in court (Schmerber v. California). Suspects have a 6th Amendment right to have an attorney present during a lineup (U.S. v. Wade).
Surveillance • Surveillance (literally, to “watch over”) is the covert, discreet observation of people or places. • The surveillant is the plainclothes investigator who makes the observation. • The subject is who or what is being observed. • Surveillance can be either stationary or moving. • Tail, rough tail, open tail, loose tail, close (tight) tail.
Binoculars Telescopes Night-vision equipment Body wires Video systems Cameras Aerial Surveillance Visual/Video Surveillance Audio Surveillance Surveillance Equipment
Undercover Assignments • Obtain evidence for prosecution • Obtain leads into criminal activities • Check reliability or witnesses or informants • Gain information about premises for future • Check the security of a person in highly sensitive position • Obtain evidence against subversive groups
Precautions for Undercover Agents • Do not write notes the subject can read • Carry no identification other than the cover ID • Ensure that any communication with headquarters is covert • Do not suggest, plan initiate or participate in criminal activity (avoid entrapment)
Precautions in Conducting Raids • Ensure that the raid is legal: Search Warrant • Plan carefully • Assign adequate personnel and equipment • Brief every member of the raiding party • Be aware of surveillance devices at the site
Legal Arrests • Arrest: The taking of a person into custody in the manner authorized by law for the purpose of presenting that person before a magistrate to answer for the commission of a crime.
Police Officers are authorized to make an Arrest • For any crime committed in their presence. • For a felony not committed in their presence if they have probable cause to believe the person committed the crime. In some states they can arrest for a misdemeanor not committed in their presence. • Under the authority of an arrest warrant.
Use of Force in making an Arrest • Use only as much force as is necessary • Reasonable force is the amount of force a prudent person would use in similar circumstances • Exceptional force means more than ordinary force
Graham v. Conner • Five Factors to evaluate excessive force • Severity of the crime • Suspect posed an immediate threat • Circumstances were tense, uncertain • Suspect attempting to evade arrest • Suspect actively resisting arrest
Deadly Force • Tennessee v. Garner (1985) • The Court banned police from shooting to kill fleeing felons unless an imminent danger to life exists. “A police officer may not seize an unarmed, non-dangerous suspect by shooting him dead.”
Suicide by Police • Suicide by police is a phenomenon I which someone intentionally acts so threatening toward officers as to force them to fire,accomplishing the subject’s ultimate goal of dying, albeit not by their own hand.