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The members of the Fresno County Sheriff’s Department, in partnership with the community, are dedicated to excellence in the delivery of public services.
The Fresno County Sheriff’s Department is committed to an ongoing partnership with the community based on communication, cooperation and trust. This partnership will promote an environment that ensures safety and peace, while treating all persons with respect and dignity.
Freedom of religion, speech, press, and assembly
Search and seizure: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
Right to trial
double jeopardy
no self-incrimination
Right to a speedy trial/counsel
Excessive bail prohibited
Civil rights
Miranda warnings are never necessary unless you have both “custody” and “interrogation”; and a person who is being “detained” –even though he is not free to leave—is not normally considered to be in ‘custody”, which is defined as an actual arrest or subject to equivalent physical restraints.
Lunge rule; “Search within reach” incident to arrest.
Incident to a lawful arrest, you are entitled to search the arrestee’s person and area around him. The area, which may be searched, is limited to that within the “immediate control” of the suspect. This generally means the area within “arms reach”. The nearby physical area from which he, in theory, could grab a weapon or destroy or conceal evidence. It includes the arrestee’s person, and can be a full search.
defendant Wardlow fled upon seeing a caravan of police vehicles converge in an area known for drug trafficking. When Officer Nolan chased and caught up with him on the street, Nolan stopped him and conducted a protective pat-down search for weapons because in his experience there were usually weapons in the vicinity of narcotics transactions. Discovering a handgun, the officer arrested Wardlow. He was charged and convicted of unlawful use of a weapon by a felon.
The State Appellate Court reversed the conviction on the grounds that officer Nolan did not “reasonable suspicion” to make the stop under Terry Vs Ohio, 392 U.S.1. The State Supreme Court affirmed, determining that a sudden flight in a high crime area does not create a reasonable suspicion justifying a “Terry” stop because flight may simply be an exercise of the right to “go on one’s way”.
States: An officer may conduct a patdown, or limited weapons search of someone you have detained, but (1) only for weapons, (2) only of his outer clothing, and (3) only if you have specific facts which make you feel in danger. Standard procedure is not good enough. You must reasonably suspect that the person is armed or may be armed, although you do not need to be positive.
Keep in mind the courts have proven to be quite supportive of our safety. But at the very least you need a potentially dangerous situation to justify a patdown search. Dealing with a suspected dangerous felon is by definition enough cause.
States: A warrant is required to arrest someone in their home unless exigent circumstances exist.
1.Search warrant
2.Probable cause
3.Incident to arrest
4.Consent (written / verbal)
5.Exigent circumstances
6.Parole / probation
You may enter and search a premises/vehicle without a warrant, probable cause, or exigent circumstances if you have obtained a valid consent. If you have a valid consent, you are entitled to seize contraband or fruits or instrumentality’s of a crime, as well as any other item you can reasonably believe will aid in the suspect’s apprehension or conviction.
a.However, to be valid, the consent must be:
(1)Voluntary, i.e., not “coerced” by force, threats, tricks, promises, or the exertion of authority; and
(2)Obtained from a person with authority to give that consent.

b. In addition, even with a valid consent, the search you conduct will be invalid if it exceeds the scope (limits) of the consent given.
exigent circumstances, fresh pursuit, hears screams for help, fire, etc
“Any person under arrest may be thoroughly searched”, (United States Vs Robinson (1973) 414 U.S. 218). This includes purses, wallets, jackets and other containers carried by, or immediately accessible to the person.
A contact between an officer and an individual which is strictly voluntary. The key element is that the person remains totally free to leave or not cooperate. *Positive note: You do not need any objective reason or justification (PC) for initiating this type of contact.
During such contact, an officer is free to ask a person for identification without implicating and/or violating their Fourth Amendment rights. The courts have decided that, “No Fourth Amendment privacy interests are invaded when an officer seeks a consensual interview with a citizen”. As long as a reasonable person would feel free to disregard the police, and go about his business, the encounter is consensual and no reasonable suspicion is required on the part of the officer.
Keep in mind you have no immediate authority to conduct any kind of search during a consensual encounter unless, of course, the person gives you voluntary consent or you develop some type of probable cause. In other words, most any non-consensual search is going to require “probable cause”. And even a limited search for weapons (a pat down or frisk)—will turn the consensual encounter into a detention.
A temporary “detention” or “stop” is an exertion of authority that is something less than a full-blown arrest, but more substantial than a simple “contact” or “consensual encounter”. A “detention” occurs whenever a reasonable person would believe he is not free to leave or otherwise disregard the police and go about his business.
In order for an investigative stop or detention to be valid, you must have a “reasonable suspicion” that: (1) criminal activity may be occurring; and (2) the person(s) you are about to detain are connected with that possible criminal activity.
Remember, however, that even though the court will consider the “totality of the circumstances” you must have specific facts which you can articulate to a court. The court will then decide if these facts – together with your training and experience – were enough to make your suspicion objectively reasonable. You cannot make a valid detention based on a hunch, rumor, intuition, instinct or curiosity.
An arrest occurs when you take a person into custody. This requires either (1) that you physically restrain or at least touch the person, or (2) that he submits to your authority. To be a valid arrest, you must take the person into custody “in a case and in the manner authorized by law.” (PC 834) If you do not, it is a false arrest. False arrest may be a crime or the start of a civil lawsuit, and it may result in the suppression of crime-related evidence. To be valid, an arrest must always be supported by probable cause. (PC 835)
Under the proper circumstances, everyone has some authority to make an arrest. However, as a peace officer, you have more authority than a private person does.
For a FELONY, you may arrest a person (1) with a warrant or (2) without a warrant if you have probable cause to believe he committed a felony, regardless of whether or not it was committed in your presence. (PC 836)
For a MISDEMEANOR, you may arrest (1) with a warrant or (2) without a warrant if you have probable cause for believing the misdemeanor was committed in your presence.
Also there are now numerous situations where a statute allows you to make a warrantless arrest for a misdemeanor—assuming the arrest is supported by probable cause—even though the misdemeanor was not committed in your presence. These include:

-the crime was committed by a juvenile (W&I 625)
-the suspect was carrying a loaded firearm, on his person, in a public place (PC 12031)
-assault or battery on firefighter or EMT while that person is on duty (PC 836.1)
-Domestic Violence related battery (PC 836 c&d)
-violation of Domestic Violence restraining order (PC 836 c&d)
You must either physically restrain or touch the suspect, or he must submit to your authority. (PC 835) “There can be no arrest without either touching or submission”.
You may use reasonable force to effect the arrest, overcome resistance, or prevent escape. (PC 835, 835(a), 843.) A suspect has a duty to submit and may not resist arrest, even if the arrest is unlawful. (PC 834a.) However, if you use excessive force in making the arrest, the suspect may lawfully resist with enough force to resist the excessive force.
Normally, you must tell the arrestee (1) you intend to arrest him, (2) the reason for the arrest, and (3) your authority (i.e., that you are a peace officer). (PC 841) You are excused from giving any of these advisement’s if they are completely obvious from the circumstances (e.g., catching the suspect red-handed would make it unnecessary to tell him what the arrest is for; making the arrest in uniform would make it unnecessary to advise him of your authority).
However, if the suspect asks you about any of these matters, you must answer his questions.
You may arrest:
(1)in a public place.
(2)inside the residence of the arrestee or third person only if you have “probable cause” to believe the suspect is inside, and you have an arrest warrant, consent to enter (except for the nighttime misdemeanor situation discussed above), exigent circumstances, or the probable cause for the arrest arises after you are already lawfully inside.
(3)Or beyond the geographical boundaries of your agency only if (a) the crime was committed in your jurisdiction, or (b) exigent circumstances exist, or (c) you have consent from the agency having jurisdiction.
You should consider the following to insure a lawful subject check and/or detention:
1.Existence of suspicious activity
2.Time of day
3.Crime patterns / high crime area
Reasonable suspicion based on articulable facts that the subject is involved in criminal activity
Per policy, (P&P 713), when a Deputy receives a report of an act of domestic violence, observes visible signs of traumatic injury, and believes that the injured party is in immediate danger of domestic violence, the Fresno County Superior Court declares that reasonable grounds exist for, and require, the issuance of an EPO. (Family Code 6250.)
It is the court’s rationale that an EPO is required even if the victim doesn’t want it, because the Deputy has information and observations that cause the Deputy to believe the victim is in immediate danger. The fact that a victim is not requesting and/or refusing the EPO can be considered in determining whether the circumstances are truly represented by the complaining party. The EPO should be issued and the victim can later contact the Court and have the EPO modified or vacated.

Anytime an alleged perpetrator of domestic violence is taken into custody after an arrest for an alleged violation of PC 273.5, or PC 243(e)(1), and the alleged victim requests an EPO, it will be deemed issued by the Presiding Judge of the Superior Court. It will be effective for five (5) court days, but not exceeding seven (7) calendar days. Unless modified by the subsequent court order, the stay away distance will be 100 yards; if the alleged perpetrator resides with the victim, the EPO will include a kick-out provision; if there are minor children living at the residence, the EPO will include a temporary custody order in favor of the alleged adult victim.

Anytime an alleged victim reports an act of domestic violence to law enforcement between the hours of 10:00 p.m. and 7:00 a.m., and the officer believes the person is in immediate and present danger based on the person’s allegation of a recent incident of abuse or threat of abuse, and the officer observes visible signs of traumatic injury, an EPO is required and deemed issued by the Presiding Judge of Superior Court.

Copies of the EPO shall be explained and served to both the victim and restrained party. If the suspect is not on scene, the Deputy shall use every reasonable effort to locate and serve the restrained party with a copy. The original shall be filed with the court as soon as practicable (end of shift).
A person is eligible for an EPO if they are described as any of the following:
1.A spouse, former spouse, cohabitant, former cohabitant, any other adult person related by consanguinity or affinity (blood or marriage) within the second degree, or a person with whom the respondent has had a dating or engagement relationship.
2.A person who is the parent of a common child.
When an EPO is issued, as the result of domestic violence, the issuing Deputy shall complete a crime report as is presently required. The case number shall be placed in the upper right hand corner of the EPO, a copy of which shall be attached to the accompanying crime report.
When an EPO is issued under circumstances where no crime has occurred, the issuing Deputy shall prepare an incident report entitled “Emergency Protective Order” with the “Domestic Violence” box marked under Type of Target (AFR). The person to be restrained and the protected person shall both be listed in the report as “Persons Interviewed”.
Every EPO shall be placed in a 9 X 12 manila envelope by the preparing Deputy. It is not necessary to enclose a copy of the crime/incident report. The envelope shall be labeled “Records-EPO” and will be turned in with all other reports at the end of their shift.

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