Effective Date: 2023-10-15
References: Reasonable Suspicion vs. Probable Cause, Frisk vs. Search and Seizure, Miranda Rights
Effective law enforcement requires a clear understanding of the legal distinctions between detaining and arresting individuals. It's essential to ensure that actions align with the law and safeguard individuals' rights. The following protocol outlines the steps to follow when detaining an individual.
Reasonable suspicion is the belief that a crime may have been, is being, or will be committed, based on specific facts and circumstances.
Probable cause is the reasonable belief that a crime has been or is being committed, supported by credible evidence.
Different situations require distinct levels of evidence. Detaining necessitates reasonable suspicion while arresting demands probable cause.
Detain individuals only when there's reasonable suspicion of criminal activity. Avoid unwarranted stops without any valid basis.
When detaining an individual, follow this protocol:
Inform the Individual: Clearly communicate to the person that they are not under arrest but are being temporarily detained, meaning they cannot leave.
Handcuffing: Handcuffing may be necessary for transportation or if the individual is non-compliant with orders.
Frisking: For safety, conduct a limited frisk for metal objects. If you detect a metal object and know the individual is a felon who cannot possess a weapon, proceed with a full pat-down.
Following this protocol helps ensure that detentions are conducted professionally and in compliance with legal standards. It maintains the balance between law enforcement duties and respecting individual rights.
Prior to any questioning, Miranda rights must be read to the detained individual. This step is vital to ensure the admissibility of answers in court. It's important to note that missing Miranda warnings do not prevent charges but may affect the admissibility of statements in court. Any information obtained without proper Miranda rights may not be used as evidence.
Adhering to this protocol promotes ethical and legal conduct in law enforcement, safeguarding the rights of both officers and individuals. Effective policing necessitates a clear understanding of these crucial distinctions and a commitment to upholding the law.