Identifying and Arresting Suspects 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.

Surveillance Equipment Binoculars Telescopes Night-vision equipment Body wires Video systems Cameras Aerial Surveillance Visual/Video Surveillance Audio Surveillance

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.