PART V – CONTACT, DETENTION AND ARREST (suggested time 4 hours)

1. Identify the first major provision of the Fourth Amendment to the U.S. Constitution and its effect on the procedure for seizing of persons.

2. Identify the major point of difference between a contact, a detention, and an arrest.

3. Identify the following regarding voluntary contacts:

a. What type of Fourth Amendment seizure it is?

b. What minimum justification - how much information - is needed?

c. How much force may be used to maintain one?

d. What type of search may be authorized by it?

e. If Miranda is required during a voluntary contact if one wishes to ask guilt-seeking questions.

4. Identify the following regarding investigative or temporary detentions:

a. What type of Fourth Amendment seizure it is?

b. What minimum justification - how much information - is needed?

c. What types of facts and sources of facts may be used to develop reasonable suspicion and when anonymous tips can and can not be used for that purpose?

d. The three general restrictions on detentions which should be observed by an officer who does not have probable cause for an arrest.

e. What must be documented when using handcuffs in a detention situation to prevent it becoming a de facto arrest.

f. What type of search may be authorized for a detained suspect?

g. If Miranda is required during a detention if one wishes to ask guilt-seeking questions?

h. What an officer may do if the suspect refuses to answer questions?

5. Identify the following regarding arrests:

a. What type of Fourth Amendment seizure it is?

b. What kind of actions might constitute an arrest?

c. What minimum justification - how much information - is needed?

d. What types of facts and sources of facts may be used to develop probable cause for arrest?

e. What, if any, limitations are placed on the officer’s surveillance of a suspect after arrest?

f. How much force may be used to maintain an arrest?

g. The requirements for use of deadly force to make an arrest.

h. What type of search may be authorized by an arrest?

i. If Miranda is required during an arrest if one wishes to ask guilt-seeking questions?

6. Identify the following regarding reasonable suspicion and probable cause for arrest:

a. The two issues that must be reasonably suspected to establish reasonable suspicion for a detention.

b. The two issues that must be reasonably believed to establish probable cause for arrest.

c. If a given set of facts provide probable cause for arrest.

7. Identify the four factors that may be used to establish the reliability of information from a criminal informant.

8. Identify the legal authority required to arrest subjects in a public place, in the suspect's residence, or in a third party's residence.

9. Identify the authority granted to peace officers by RSMo Sec. 544.216 regarding arrests for traffic violations and ordinances, and issues, if any, of pretext raised by this authority.