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L-11
PGS. 1251, 1301, 1302, 1351, 1352, 1402,
Is 68 sq. miles. Boundaries are Chateau Fresno to W/Hwy 99 to E/Herndon(Fresno Cnty line)to N/American to S.
MINI BEATS:
L-11 NORTH: from Herndon to Shields and Hwy 99 to Chateau Fresno.
L-11 WEST: From Shields to Whitesbridge and Hwy 99 to Chateau Fresno.
L-11 EAST: From Whitesbridge to Annadale and Hwy 99 to Chateau Fresno.
L- SOUTH: From Annadale to American and Hwy 99 to Chateau Fresno.
PROBLEMS: *Highest amount of calls*
McKinley to Neilsen from Hwy 99 to Brawley
**LA Coronita Bar 3364 W Belmont**
** 7750 W. Dakota, calls for trespassing**
L-11 SCHOOLS
Madison Elem. 330 S. Brawley
Herndon-Barstow Elem. 6265 N. Grantland
Roosevelt Elem. 2600 N. Garfield
West Park Elem. 2695 S. Valentine
Polk Elem. 2195 N. Polk
L-21
PGS. 1201, 1202, 1252,
MINI BEATS:
CONTRACT AREA: Shaw/Dakota/Maroa/Palm
EAST WING: Shaw/Griffith/Blackstone/Maroa
WEST WING: Shaw/Ashlan/Palm/Fruit
BULLARD HIGH/TENAYA PARK: Bullard/Shaw/Maroa/West TENAYA PARK: Sierra/Escalon/Fruit/Teilman
RIVER BLUFFS: San Joaquin River/Alluvial/Throne/Teilman VAN NESS EXTENSION: Herndon/Shaw/West/Marks
SAN JOAQUIN COUNTRY CLUB: San Joaquin River/Herndon/Marks/Valentine
SIERRA SKY PARK: San Joaquin Rvr/Herndon/Brawley/Blythe
L-21 SCHOOLS
Powers-Ginsberg 110 E. Swift
Wawona Middle 4524 N. Thorne
L-31
PGS. 1303, 1304, 1353, 1354, 1402, 1403, 1404
Is 60 sq miles and boundaries are: from Belmont to American and Elm to McCall.
MINI BEATS:
ARGYLE APTS.: Argyle between Tulare & Kings Canyon, 5 apt. complexes; Creekside Apts. 155 S. Argyle; Woodbridge Apts. 225 S. Argyle; Oakbrook 335 S. Argyle; Los Arbolitos 444/555 S.Argyle
CALWA & MALAGA
COURTHOUSE PARK: Van Ness, Fresno, M and Tulare Streets EASTERBY: Clovis/Winery/Belmont/Tulare
SUNNYSIDE: Kings Canyon to California and Peach to Temperance
TRUCK STOPS: Central and Chestnut
L-31 SCHOOL
ORANGE CENTER 3530 S Cherry
MALAGA 3910 S. Ward
LONE STAR 2617 S Fowler
JOHN WASH 6350 E Lane
GROUP HOMES IN SUNNYSIDE AREA:
Promise Home 222 S Burgan
Youth Vision #3 571 S. Armstrong
Youth Vision #4 6924 E. Butler
L-41
PGS. 1253, 1254, 1255, 1303, 1304, 1305,
BOUNDARIES: Herndon Fwy 41, Belmont, Friant-Kern Canal.
MINI BEATS:
MAYFAIR: Cedar & First, Clinton & McKinley
TARPEY:
EASTERBY: Most calls from Silver Lake Apts. On Belmont & Minnewawa
QUAIL LAKES:
CUMORAH KNOLLS:
L-41 SCHOOLS
CLOVIS EAST H.S.: 4300 N DeWolf, Clovis
FAIRMONT ELEM: 3095 N. Greenwood, Sanger
TEMPERENCE-KUTNER ELEM: 1448 N. Armstrong
L-51
PGS- 1053,1103,1153,1203,1204
BOUNDARIES:
MINI BEATS:
APPALOOSA ACRES: Armstrong & Appaloosa
OLD FORT WASHINGTON: Millbrook & Plymouth
FRIANT: Friant Rd and Northfork Rd
MESA VIEW: Friant Rd & Stage Rd
EUCALYPTUS GROVE: 12500 Blk Auberry Rd
WILLOW BLUFF: Willow Bluff Rd/Willow
MONTE VERDE: Willow & North of Copper
HORSESHOE BEND: International & Fowler
SHENANDOAH ESTATES: Fowler & Burgan
L-51 SCHOOLS
3RD EDUCATIONAL CENTER: International & Willow, it will be a elementary, middle, and high school all in one campus
ARRAIGNMENT
It must occur within 48 hours of the arrest, excluding weekends and holidays, or during the next court if arrest is not made while court is in session
PCD
Probable Cause Declaration
Probable Cause Declaration must be filed within 48 hours after the arrest no exceptions. For juveniles the time limit is 72 hours instead of 48 hours.
PC 835a
EFFECTING ARREST; RESISTANCE
Any peace officer who has reasonable cause to believe that the person to be arrested has committed a public offense may use reasonable force to:
(1) effect the arrest,
(2) to prevent escape or
(3) to overcome resistance.
PC 836
ARRESTS WITH OR WITHOUT WARRANTS
A peace officer may arrest a person in obedience to a warrant or without a warrant, may arrest whenever any of the following circumstances occur:
1. The officer has probable cause to believe that the person to be arrested has committed a public offense in the officers presence.
2. The person arrested has committed a felony, although not in the officers presence.
3. The officer has probable cause to believe that the person to be arrested has committed a felony, whether or not a felony, in fact, has been committed.
PC 837
ARRESTS BY PRIVATE PERSONS
A private person may arrest another:
1. For a public offense committed or attempted in his presence.
2. When the person arrested has committed a felony, although not in his presence.
3. When a felony has been in fact committed, and he has reasonable cause for believing the person arrested to have committed it.
PC 840
WHEN ARREST CAN BE MADE
An arrest for the commission of a felony may be made on any day and at any time of the day or night.
An arrest for the commission of a misdemeanor or an infraction cannot be made between the hours of 10 o’clock p.m. of any day and 6 o’clock a.m. of the succeeding day, unless:
The arrest is made without a warrant pursuant to PC 836 or 837.
The arrest is made in a public place.
The arrest is made when the person is in custody pursuant to another lawful arrest.
The arrest is made pursuant to a warrant which, for good cause shown, directs that it may be served at any time of the day or night.
PC 843
USE OF FORCE
*When the arrest is being made by an officer under the authority of a warrant , after information of the intention to make the arrest, if the person to be arrested either:
*flees or forcibly resists,
*the officer may use all necessary means to effect the arrest.
PC 844
FORCIBLE ENTRY /KNOCK AND NOTICE (Forcible entries to arrest)
*To make an arrest, a private person,
* if the offense is a felony,
*and in all cases a peace officer,
*may break open the door or window of the house in which the person to be arrested is, or in which they have reasonable grounds for believing the person to be,
*after having a demanded admittance and explained the purpose for which admittance is desired.
EXCEPTIONS TO KNOCK AND NOTICE:
*suspect is armed and will use the weapon
*evidence may be destroyed
*suspect may escape
*Hot Pursuit
PEOPLE
VS
RAMEY
Sacramento PD went to Ramey’s home to arrest him for burglary. When they knocked Ramey opened the door but quickly retreated into the house when he saw the police. The officers ran after him and eventually arrested him. In the process they also saw drugs in plain view. As the result he was charged with possession of drugs. Although officers had probable cause to arrest Ramey his authority his attorney challenged them of not having a warrant.
The decision was: Officers cannot enter a residence to arrest an occupant just because they have probable cause to arrest.
They must have: (1) an arrest warrant for the occupant; (2) valid consent to enter; (3) be exigent circumstances that justified a warrantless entry.
WHEN DOES RAMEY APPLY
It applies under two circumstances:
(1) if officers crossed the threshold of a residence or other protected structure;
(2) the purpose of entering the premises was to arrest an occupant.
PROTECTED STRUCTURES
Where there is a reasonable expectation of privacy, this includes; single family homes, apartments, condominiums, hotel and motel rooms, and private offices. It does not apply to a place or area open to the public, such as hotels, businesses, etc.
PURPOSE FOR ENTERING
Ramey applies only if officers entered for the purpose of arresting someone who is inside
RAMEY WARRANT
A Ramey Warrant is an arrest warrant that is issued before the suspect has been charged with a crime. It is a pre-complaint arrest warrant.
TERRY STOP
This decision in this case established that some brief seizures may be made without probable cause. If the officer has a reasonable suspicion that a crime has been committed or will soon be committed that officer may briefly detain a suspect to frisk him for weapons and question him. This is known as the “TERRY STOP”
UNITED STATES V. MATLOCK
In this case the court announced the “CO-OCCUPANT CONSENT RULE” which permits one resident to consent in the co-occupant’s absence. The case established that an officer who makes a search with a reasonable belief that the search was consented to by a resident does not have to provide a probable cause for the search.
MIRANDA V. ARIZONA
In 1963, Ernesto Miranda was arrested for kidnapping and rape, which he confessed to with no warning of his constitutional right to silence, or his right to have an attorney present. At trial prosecutors offered only his confession as evidence and he was convicted. The Supreme Court ruled in 1966 the Miranda was intimidated by the interrogation and that he didn’t understand his right not to incriminate himself or his right to counsel. Located on the top of the confession they obtained from Miranda stated the confession was voluntary and with full knowledge of my legal rights, understanding any statement I make may be used against me. None of this occurred. On this basis, the court overturned his conviction. Miranda was later convicted in a new trial with witnesses testifying against him and other evidence presented. He served 11 years.
MIRANDIZE
In 2000, Dickerson v. United States, As a result of this ruling the word Mirandize was acquired. It means that it is required to read to a suspect his/her Miranda rights when that suspect is taken into custody for the purpose of the interrogation.
CHIMEL V. CALIFORNIA
This case established the general rule for such incident to arrest

In 1965, police officers went to Ted Chimel’s house with an arrest warrant charging him with burglary. Mrs. Chimel allowed them to enter and wait until Mr. Chimel returned. When Ted entered the home he was arrested and the officers asked him if they could look around, he said no, but the officers still searched anyway based on his arrest. They searched three bedrooms in the home. Mrs. Chimel assisted them but never gave consent. They recovered many items taking during the burglary. Ted was convicted on the basis of those items seized in his home. The U.S. Supreme Court reversed the conviction based on the officers did not conduct a valid search incident to the arrest of Chimel. If the officers had searched the lung area of Chimel instead of his whole house there would have been no illegal search problem.

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
AMENDMENT I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances
AMENDMENT VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
AMENDMENT IV
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.
“A private person cannot violate the 4th amendment”

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
AMENDMENT XIV
Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
CONSENUAL ENCOU NTER
VS
DETENTION
“STOP”
COMMANDS TO STOP: “[W]hen an officer ‘commands’ a citizen to stop, this constitutes a detention because the citizen is no longer free to leave.”
REQUESTS TO STOP: Unlike commands, requests to stop communicate to the suspect, at time that he is free to choose whether to comply
CONSENUAL ENCOUNTER
VS
DETENTION
“LIGHT”
RED LIGHTS: Using a red light or siren to stop the suspect or get his attention is essentially a command to halt and therefore results in a seizure if the suspect complies.
A red light is not, of course, a command to everyone who happens to see it. Instead, it affects only those people at whom it reasonably appeared to be directed.49
AMBER WARNING LIGHTS: Because amber warning lights are used mainly for the safety
of approaching motorists, they have no bearing on whether the suspect was seized.50
WHITE SPOTLIGHTS, HIGH BEAMS: Using a white spotlight or high beams to get the suspect’s attention is a relevant circumstance but will not, in and of itself, convert an encounter into a seizure.
SPOTLIGHTS, HIGH BEAMS: A seizure does not result merely because officers utilized a white spotlight or high beams to illuminate the suspect, whether for officer safety or to
get the suspect’s attention
CONSENUAL ENCOUNTER
VS
DETENTION
PARKING BEHIND: A seizure does not result merely because officers stopped behind or
alongside the suspect or his car.51
BLOCKING THE SUSPECT: A seizure usually results when officers stop the suspect by
blocking his path or otherwise preventing him from proceeding.52
UNUSUAL INTEREST: A seizure may result if officer approached the suspect in a manner
that demonstrated an unusual or strong interest in him.
REMOVE HANDS FROM POCKETS: Officers who have contacted a suspect may, without converting the encounter into a seizure, request that he remove his hands from his pockets, or keep his hands in sight.64
STAY IN-GET OUT: If the suspect is inside a vehicle, officers may request that he step outside or stay inside.
CONSENUAL ENCOUNTER
VS
DETENTION
OTHER MEANS OF ENGAGING THE SUSPECT: The following conduct is plainly not indicative of a seizure:
APPROACH, ASK QUESTIONS: A seizure does not result merely because an officer approached a suspect and asked some questions.57
WALKING WITH SUSPECT: An officer’s act of walking alongside a suspect and asking questions as they go (a “walk and talk”) will not result in a seizure so long as the suspect does not object.58
PULLING ALONGSIDE: If the suspect was walking on a sidewalk, a seizure does not result if officers in a patrol car pulled alongside and asked questions as the suspect continued walking.59
INCIDENTAL PHYSICAL CONTACT: While intentional physical contact with the suspect to get his attention is a relevant circumstance,60 mere incidental touching—such as a shoulder tap—is considered insignificant.61
SUSPECT STOPS VOLUNTARILY: Criminals who see a patrol car behind them tend to get the jitters. So they will sometimes try to solve the problem by pulling into a parking lot or other place and stop, hoping the officers will keep going. Because the driver stopped voluntarily, an approach by officers would not constitute a seizure.
THE MIRANDA WARNING
There are three components to a Miranda warning:
(1) Right to remain silent: The suspect must be informed of his Fifth
Amendment right to refuse to answer questions.17 This is typically
accomplished by telling him, “You have the right to remain silent.”
(2) “Anything you say . . . ” The suspect must be told that his decision to speak with officers may have consequences; e.g., “Anything you say may be used against you in court.”18
(3) Right to counsel: The Miranda right to counsel is composed of three
elements: (a) the right to consult with an attorney before questioning, (b) the right to have an attorney present during questioning, and (c) the right to have an attorney appointed if the suspect cannot afford one.19 LANGUAGE MAY VARY: There is no requirement that officers use certain language or recite the warnings in a particular way.20
“CAN AND WILL BE USED”: There is, no requirement that officers deliver such an ominous and disconcerting warning.
NO ADDITIONAL INFORMATION: Officers are not required to furnish suspects with any additional information, even if it might have affected their decision to waive.
YOU CAN INVOKE ANYTIME: Although not a requirement, officers sometimes supplement the Miranda warning by informing suspects that they can invoke their rights at any time during the interview
MINORS: Minors have the same Miranda rights as adults
USING A MIRANDA CARD: It is usually best to read the warnings from a Miranda card,
INCORRECT MIRANDA WARNINGS: A Miranda waiver may be deemed invalid if officers intentionally or inadvertently misrepresented to the suspect the nature of the Miranda rights or the consequences of waiving them.
MIRANDA: QUESTIONING AFTER A “TECHNICAL” VIOLATION
They suppress only the statement that was made immediately following the violation.6 This is why an officer who obtains a statement in technical violation of Miranda may be able to repair the damage by simply obtaining a second statement in full compliance with Miranda.7
Moreover, this rule applies even though the suspect probably would have not made the second statement if he had known his first one was inadmissible. In other words, it does not matter that the suspect mistakenly believed he had nothing to lose by making a second statement because he had already “let the cat out of the bag.”
EXPRESS WAIVERS
An express waiver occurs when the suspect says he is willing to
waive his rights, or when he signs a waiver form. Express waivers are “usually strong
proof” of a valid waiver,68 and are almost always sufficient proof that the suspect did, in
fact, waive his rights.
IMPLIED WAIVERS
four requirements:
(1) Correctly advised: The suspect must have been correctly advised of his Miranda rights.
(2) Understood: The suspect must have expressly said he understood his rights.
(3) No coercion: The officers must not have pressured or otherwise coerced the suspect into waiving his rights.
(4) Answered freely: The suspect must have answered the officers’ questions freely
MIRANDA VS 6TH AMENDMENT
If not charged with a crime, officers will ordinarily be free to question him so long as they comply with Miranda. On the other hand, if the suspect has been charged, officers must also comply with a set of rules that come from an area of law known as the Sixth Amendment right to counsel.
Under the Sixth Amendment a suspect has a right to have counsel present whenever he is questioned about a crime with which he has been charged. Michigan v. Harvey
Miranda and Sixth Amendment rights attach at different times during an investigation, they are invoked in different ways, and the consequences of an invocation differ. In addition, the Sixth Amendment regulates some things not covered by Miranda, such as when officers must comply with a defense attorney's instructions not to question his client.
A suspect may have Sixth Amendment and Miranda rights at the same time
EXCLUSIONARY RULE
The 4th amendment serves as the primary basis for the EXCLUSIONARY RULE excluding evidence from the courtroom which could be otherwise admissible when seized by officers not in violation. The purpose of the EXCLUSIONARY RULE to deter unreasonable searches and seizures conducted by officers.
REASONABLE SUSPICION
Less than “probable cause” but more than no evidence at all. Is information which is sufficient to cause an officer to reasonably believe that the person being detained is, was, or is about to be involved in criminal activity. The officer’s decision to detain must be based upon articulated facts describing suspicious behavior which would distinguish the person from an ordinary law abiding citizens. The officer must be able to articulate more than a hunch of criminal activity.
PROBABLE CAUSE
It exists under the totality of the circumstances known to the arresting officer’s conclusion that there was a fair probability that the individual had committed a crime. It is more than reasonable suspicion but less than “clear and convincing evidence.” There may be some room for doubt.
Consensual Encounters turn into Detentions:
1. The presence of several officers.
2. An officer’s display of a weapon
3. Some physical touch of the person
4. Use of language or tone of voice indicating the person must comply
Flight
A person may walk away from a consensual encounter or run. The act of you chasing that person does not constitute a detention until you actually physically stopped the person or he/she stops on their own and submits to the officers authority HOWEVER, flight from a high narcotics area is sufficient enough to justify a temporary detention. Actions by the person being chased such as dropping contraband will justify the detention once the subject is caught. Anyhting he/she tosses before being caught is considered abandoned therefore may be seized.
Photographs
A person exposing themselves to the public has no reasonable expectation of privacy of their appearance therefore there is no violation to photograph that person as long he/she is not detained solely for that purpose. Detaining gang members without reasonable suspicions to photograph them is illegal.
ARREST OF MISDEMEANOR NOT COMMITTED IN OFFICERS PRESENCE
Juvenile Arrests
DUI
Battery on School Ground during school hours
Carrying a loaded firearm
Assault or battery against a Firefighter, EMT, or Paramedic
Person violating a DV restraining order
Assault or Battery against a spouse, former spouse, fiancé, cohabitant or former cohabitant
Assault or Battery on a person who is 65 or older and is related to the suspect
Carrying a Concealed Firearm within an airport
HOT PURSUIT
Hot Pursuit means a situation in which officers are physically chasing a suspect for the purpose of arresting him. Officers are permitted to chase the suspect wherever he/she goes, including his residence.
FRESH PURSUIT
Fresh Pursuit refers to situations in which; (1) officers are rapidly responding to leads concerning the identity or whereabouts of the perpetrator of a crime; (2) the crime occurred very recently or there is evidence that the suspect is in active flight or soon would be.
Telephonic Search Warrants
Telephonic search warrants, with an oral affidavit taken under oath and recorded and later transcribed, is statutorily provided for. Generally used during those hours when the courts are closed and a magistrate is not present. Involves a four-way telephone conference call between the affiant, magistrate, DA, and a tape recorder.
Anticipatory Search Warrants
Issuance of a warrant, conditioned upon the happening of a particular event (e.g., the delivery of illegal substances or articles to a particular address), is legal. It requires a showing in the affidavit of at least probable cause to believe that the contraband will in fact be delivered to the place to be searched, as listed in the warrant.
Tip: State the contingency on the face of the warrant itself: E.g.; “THIS WARRANT IS LEGALLY EFFECTIVE AND CAN BE SERVED ONLY IF A SALE OF NARCOTICS TAKES PLACE AT THE PREMISES TO BE SEARCHED.
Sneak and Peek Warrants
A “sneak and peek” warrant is one which authorizes surreptitious entry of a premises, without notice, often during the nighttime, and provides that objects of the search are not to be seized but may only be noted, photographed, copied or otherwise recorded.
The Cleland Warrant
Arrest of a person for selling narcotics, plus an experienced narcotics officer’s expert opinion, has been held to be probable cause to believe he has evidence of this illegal activity in his home.
SEARCH WARRANT COMES IN THREE PARTS:
1. The Warrant
2. The Affidavit: is a sworn statement, sworn to by the affiant, describing the probable cause to search
3. The Receipt and Inventory: this is a document that is self descriptive. It is used to list the property seized as a result of the search from the search warrant. Return of the property seized by search warrant may only be released by court order.
SEARCHES OF VEHICLES
Probable cause to believe that a lawfully stopped vehicle contains contraband justifies a warrantless search of the vehicle, including the trunk, despite the absence of additional exigent circumstances.

Warrantless Searches of Vehicles: can be justified under:
• Incident to arrest
• Search with Probable Cause
• When the vehicle itself is Evidence of a crime
• Inventory Searches
• The Pat Down of a Vehicle for Weapons
• Searching a Vehicle for a Driver’s License and/or Vehicle Registration, Insurance etc.
AUTO EXCEPTION RULE
• The officer may conduct a warrantless search of any part of the vehicle that is being used in public as long as the officer has probable cause to believe the object may be in that portion of the vehicle “if the officer believes that he has enough information to get a warrant then it is legal for the officer to search that part of the vehicle
• Closed containers: the auto exception rule also applies to closed containers
• Motor Homes: the auto exception rule also applies to a motor home as long as it is being used on the highways or is capable of such use and is found stationary in a place not regularly used for residential purposes
• Houseboats: the houseboat also applies to the auto exception rule
VEHICLE INVENTORIES
• Protection of an owner’s property while it is in police custody
• Protection of police against claims of lost, stolen, or vandalized property
• Officer safety
JUVENILE LAW
⬢ Miranda laws are exactly the same for juveniles and adults.
⬢ During custody the officer has no obligation to advise the minor that he has the right to contact his parents
⬢ W&I 625- STAT STATUTE: requires the officer to give certain advisements to a minor who is taken into temporary custody even if interrogation is not going to occur
⬢ A minor can waive his/her Miranda rights without his/her parents
⬢ Parents may not invoke the minors Miranda rights

Deck Info

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