Patrol LP Scenario01 Review July2021

POST
Course: POST Patrol Academy
Topic: The Legal Process
Instructor:
Training Lesson Plan Originated by: Jared Olson, Idaho Prosecuting
Program Attorneys Association
Details
Date Prepared: January 2019
Revision Date: July 1, 2021

Revision Date:
Revision Date:
Instructional
Time 32 hours total between all classroom scenarios
Goal
Objectives The seven-step framework outlined below is used to organize the
instructional objectives for “The Legal Process”. The handout content
is organized by subject matter, but the objectives will be taught in the
seven-step framework, meaning you will be jumping to the various
topics as you will be expected to do in your day-to-day work as a
patrol officer.
STEP 1 -- SEIZURE
1. Classify the 3 types of officer-citizen encounters. (Concepts)

a. Voluntary/Consensual
b. Temporary Detention
c. Arrest
2. Explain how the 4th Amendment is applied to each type of officer-

citizen encounter. (Principles)
3. Recall the protections guaranteed by the 4th Amendment to the

U.S. Constitution. (Facts)
4. Recall the protections guaranteed by Article 1, Section 17 of the

Idaho Constitution. (Facts)
5. Recall the definitions for the following burdens of proof. (Facts)

a. Reasonable Suspicion
b. Probable Cause
c. Preponderance of the Evidence
d. Clear and Convincing
e. Beyond a Reasonable Doubt
6. Explain the legal burden of proof for the 3 types of officer-citizen
POST Detention Academy – Search & Seizure in Detention Facility 1

encounters. (Principles)
7. Classify examples and non-examples of seizures. (Concepts)
8. Determine the length of detention and scope of intrusion.

(Procedures)
9. Explain the difference between (a) a frisk during a seizure; and

(b) a search during a seizure. (Concepts)
10. Recall 8 common factors supporting a frisk. (Facts)
11. Perform the steps to determine applicability of the 4th Amendment

in varied classroom scenarios, and if the 4th Amendment is
applicable, determine the exact moment a seizure has occurred
and if the seizure was lawful. (Procedures)
12. Explain the difference between a detention and arrest.

(Principles)
STEP 2 -- INTERROGATION
1. Explain how the 5th Amendment is applied to each type of officer-

citizen encounter. (Principles)
2. Classify examples and non-examples of instances in which a

citizen has a right to remain silent. (Concepts)
3. Recall the Landmark Case decisions regarding the applicability of

the 5th Amendment. (Facts)
a. Miranda v. Arizona
4. Recall the 4 warnings provided to citizens in reference to Miranda

v. Arizona. (Facts)
5. Recall the 3 rules to determine applicability of the 5th Amendment

per Miranda. (Facts)
6. Perform the 3 rules to determine applicability of Miranda in

assigned scenarios. (Procedures)
7. Explain how a citizen can invoke the right to remain silent.
(Principles)
8. Explain when a citizen can invoke the right to remain silent.

(Principles)
9. Explain how an officer may use written, audio and video

recordings to document invocation of Miranda warnings.
(Processes)
10. Based on the timing of your questioning, determine if you have

now unlawfully seized the citizen based on the 4th Amendment.
(Principles)

STEP 3 -- SEARCH
1. Recall the protections guaranteed by the 4th Amendment to the

U.S. Constitution. (Facts)
2. Recall the protections guaranteed by Article 1, Section 17 of the

Idaho Constitution. (Facts)
3. Explain why the Idaho Constitution can provide greater

protections than the 4th Amendment against governmental
intrusions but cannot provide less protection than the 4 th
Amendment. (Principles)
4. Recall the Landmark Case decisions regarding the applicability of

the 4th Amendment. (Facts)
a. Weeks v. U.S. – Exclusionary Rule
b. Silverthorne Lumber Co. – Fruit of the Poisonous Tree
c. Mapp v. Ohio – Exclusionary Rule
d. Terry v. Ohio – Stop & Frisk
e. Chimel v. California – Search Incident to Arrest (Lunge
Area)
5. Classify examples and non-examples of searches. (Concepts)
6. Recall the 4 questions to determine applicability of the 4 th

Amendment. (Facts)
7. Classify examples and non-examples of situations in which a

citizen has a reasonable expectation of privacy. (Concepts)
8. Classify exceptions to the warrant requirement. (Concepts)

a. Consent
b. Search Incident to Arrest
c. Automobile Exception
d. Terry Stop & Frisk
e. Plain View, Feel or Smell
f. Exigent Circumstances
g. Regulatory Searches
9. Perform the steps to determine applicability of the 4th Amendment

in varied classroom scenarios, and if the 4th Amendment is
applicable, determine the exact moment it applies and if any
exceptions to the warrant requirement are applicable.
(Procedures)
STEP 4 -- ARREST
1. Recall the definition of crime per the Idaho Code. (Facts)
2. Recall the definitions for felony, misdemeanor and infraction.

(Facts)

3. Classify examples of felonies, misdemeanors and infractions.
(Concepts)
4. Classify the difference between a principal, accomplice, aider or

abettor from an accessory to a crime. (Concepts)
5. Recall the 5 basic elements of a crime. (Facts)

a. Name
b. Date
c. Location
d. Act
e. Intent
6. Use the Idaho Code to predict whether a citizen has violated a

traffic code under Title 49. (Processes)
7. Use the Idaho Code to predict whether a citizen has violated a

criminal statute under Title 18. (Processes)
8. Recall the definition of arrest as found in Idaho Code 19-601.

(Facts)
9. Recall the statutes in Idaho Code providing the authority to

arrest. (Facts)
a. Peace Officer Authority – I.C. 19-603
b. Private Person – I.C. 19-604
c. Warrant – I.C. 19-607
d. Application of Force – I.C. 19-610
e. Private Person’s Responsibilities – I.C. 19-614
f. Warrantless Arrests – I.C. 19-615
10. Classify the circumstances when an officer may make an arrest

per I.C. 19-603. (Concepts)
11. Classify the limitations on arrest when the officer is outside his or
her jurisdiction. (Concepts)
12. Recall the statute of limitations for misdemeanors. (Facts)
13. Recall the statute of limitations for ‘general’ felonies. (Facts)
14. Recall the criminal offenses in which there is no statute of

limitations. (Facts)
15. Explain what happens to the statute of limitations when the

suspect has left the State of Idaho. (Principles)
16. Predict when an arrest may not be made on U.S. legislators and
Idaho legislators. (Processes)
17. Predict when an arrest may not be made on out-of-state

witnesses, or members of Idaho National Guard. (Processes)

18. Classify the four types of arrest warrants in Idaho, to include:
Arrest, Bench, Agent and Board. (Concepts)
19. Classify when an arrest may be made with a warrant inside a

person’s residence for a felony. (Concepts)
20. Classify when an arrest may be made with a warrant inside a

person’s residence for a misdemeanor. (Concepts)
21. Explain when arrests may be made on felonies and misdemeanors

outside of a person’s residence. (Principles).
22. Recall the possible consequences of making a false arrest. (Facts)

a. Criminal Liability – I.C. 18-703 and 18-2901
b. Civil Liability – 42 U.S.C. 1983
c. Evidence Suppressed
d. Departmental Discipline
23. Explain when an officer may detain a person with a detention

warrant for the collection of evidence. (Processes)
24. List the Idaho statutes providing officers the ability to place
individuals in custody, but do not amount to an arrest.
(Processes)
a. I.C. 66-326 – Adult Mental Holds
b. I.C. 16-2403 – Juvenile Mental Holds
c. I.C. 16-1608-09 – Child Protection
d. I.C. 39-307A – Temporarily incapacitated due to
intoxication
25. Recall the 3 rights an arrested person has under the 5 th

Amendment and the 1 Right under the 8th Amendment. (Facts)
a. Right to remain silent (any statements will be used against
you) – 5th Amendment
b. Right to Counsel (right to consult with an attorney and
have attorney present during questioning) – 5th
Amendment
c. Right to Attorney (if you cannot afford an attorney, one
will be appointed to you before questioning) – 5 th
Amendment
d. Right to Bail – 8th Amendment
26. Perform an arrest and apply Miranda warnings correctly.

(Procedures)
STEP 5 -- Report Writing

(Or Application for an Arrest/Search Warrant)
1. Recall the definition of evidence. (Facts)
2. Classify the three types of evidence an officer may later use in

court. (Concepts)
a. Tangible (Real/Physical)

b. Testimonial
c. Demonstrative
3. Classify the difference between direct evidence vs. circumstantial

evidence. (Concepts)
4. Use the Idaho Code to document the 5 basic elements of a crime

and/or traffic infraction. (Procedures)
5. Perform the steps to write a citation for a traffic infraction.

(Procedures)
6. Perform the steps to write a report for a misdemeanor or felony

crime. (Procedures)
7. List the activities an officer should complete prior to writing an

arrest or search warrant. (Processes)
8. List the officer’s responsibilities in preparing and obtaining

warrants. (Procedures)
a. Obtain and verify probable cause
b. Prepare/present facts of case to a judicial officer
c. Prepare affidavit (probable cause statement)
d. Attachments (places to be searched, things/persons to be
seized)
e. Prosecutor review and approval
f. Magistrate review and approval
g. Obtain search/arrest warrant
h. Verify warrants before execution
i. Make proper return
9. Perform the steps to prepare and write an affidavit for a search

warrant. (Procedures)
STEP 6 -- Courtroom Testimony
1. Classify the 4 types of Idaho courts and their responsibilities.

(Concepts)
2. Classify the 3 types of federal courts and their responsibilities.

(Concepts)
3. Explain how a traffic infraction proceeds through the court

system. (Processes)
4. Explain how a misdemeanor case proceeds through the court

system. (Processes)
5. Explain how a felony case proceeds through the court system.

(Processes)
6. Classify the difference between a grand jury hearing and a

preliminary hearing. (Concepts)

7. Name the State’s burden of proof at an infraction trial vs.
misdemeanor trial vs. felony trial. (Processes)
8. Recall the number of jurors at an infraction trial vs. misdemeanor

trial vs. felony trial. (Facts)
9. Classify how many jurors are required to find a defendant “guilty”

vs. “not guilty” vs. “hung jury.” (Concepts)
10. Classify which court you will report to and testify in a traffic
infraction vs. misdemeanor case vs. felony case. (Concepts)
11. Recall the difference between a jury trial vs bench trial. (Facts)
12. Classify who the “fact-finder” is at a jury trial vs. a bench trial.
(Concepts)
13. Explain the stages of a criminal trial. (Processes)
14. Recall the difference between the burden of proof at a criminal

trial vs. a civil trial. (Facts)
15. List the steps for an officer to prepare to testify in court.

(Procedures)
a. Maintain professional appearance and manners
b. Review reports, notes, warrants and affidavits prior to
hearing.
c. Review transcripts, audio/video, photos, diagrams prior to
hearing.
d. Review all physical evidence
e. Know facts of investigation from memory
f. Confer with prosecutor regarding your testimony prior to
hearing.
16. Recall the difference between a lay opinion vs. an expert opinion.
(Facts)
17. Recall the definition of “hearsay.” (Facts)
18. Classify examples and nonexamples of hearsay. (Concepts)
19. Explain what to do if you do not remember the answer to a

question. (Principles)
20. Explain what to do if you do not know the answer to a question.

(Principles)
21. Classify examples of and non-examples of impeachment and

determine if they are admissible in court. (Concepts)
a. Character Evidence
b. Prior bad acts (Idaho Rule of Evidence 404(b))

22. Predict some common objections you might encounter while
testifying. (Principles)
23. Explain what an officer should never say when testifying in a

criminal trial. (Principles)
STEP 7 -- Other Considerations
1. Explain who may review your actions with citizens even if you do
not take any legal action. (Principles)
2. Explain who has the power to say you did something wrong.
(Principles)
a. Note: Discuss supervisor, prosecutor, judge, public. (For
example, if you give a warning, rather than a traffic
citation, a prosecutor or judge will not likely review your
actions, but your supervisor and/or the public may.)
3. Explain your personal or professional consequences if you get

anything wrong during your encounter with a citizen. (Principles)
References
See Instructor and Student Handout, Idaho Traffic Law
(from the objectives) Handouts, and Student Study Guide.
All materials are available online and cadets are expected to

complete the 16-hour online pre-academy prior to the patrol
academy.
Materials Needed  Projector, Screen and Audio for PowerPoint Slides

 Whiteboard and Markers
 Copy of Idaho Criminal Code Book
 Traffic Law Handouts
 Student Study Guide
 Student Handout (Fillable PDF Form)
 Instructor Handout (Filled PDF Form)
Instructional Creating a learning environment using the following 5

Methods principles: (1) Engage students in solving a real-world
problem/issue; (2) Activation of students’ prior knowledge and
skill; (3) Demonstrating new knowledge and/or skills to the
learner; (4) Application of new knowledge and/or skills by the
learner to solve the problem/issue; and (5) Integrating the new-
found knowledge and skills after the training into the real-world
detention facility environment.
Lesson Plan What Was Covered from the Student Workbook (handout)
Overview of Entire during Online Session

32 hours
The following materials from the workbook were covered online as
part of “Scenario #1 – The Traffic Stop.” You should have completed
this prior to the academy. These materials will be
tested during the first weekly test, _______________________.
• Introduction to the Legal Process – Pages 1-10

• Burdens of Proof – Pages 11-22
• Terry Stop & Frisk – Pages 23-31
• Miranda Warnings – Pages 54-59, 72-74
• Search & Seizure – Pages 75-81, 88-95
• Laws of Arrest – Pages 115-121
• Idaho Code – Pages 135-139
• Court Procedures & Rules of Evidence – Pages 185-188, 207-212
Legal Materials from the Workbook to be covered in First

Week of Class – 16 hours
The following materials will be covered during 16 class hours of legal

classroom instruction.
These materials will be on the weekly test given on,

______________________.
• Burdens of Proof – Review of pages 11-22.

• Terry Stop & Frisk – Pages 32-53
• Miranda Warnings – Pages 60-72
• Search & Seizure – Pages 82-87
• Idaho Traffic Code – In-class handout & exercise
• Court Procedures & Rules of Evidence – Pages 189-195
Legal Materials from the Workbook to be covered the Final

2 Days of Legal Process – 16 hours
The following materials will be covered during the second 16 hours of

legal classroom instruction. These materials will be on the test given
on ____________________.
• Search & Seizure – Pages 96-114

• Idaho Code – Pages 140-184
• Court Procedures & Rules of Evidence – Pages 195-206
• Writing an Affidavit – Pages 213-221
**Note: All the Legal Process materials listed above will be tested
during the First Block Test.
Material References Objectives w/ Integrated Lesson Plan

First Day
See Instructor Handout &
Student Study Guide
First Day – Review Online Materials and
Introduce New Officer-Citizen Encounter
Review the workbook
pages identified in Student Step 01: Activate prior knowledge of the principles and reasons
Study Guide. behind teaching the legal topics as a “legal process.”
Recall for a moment a time when you received a citation for a traffic
Scenario 01 – Traffic Stop violation, or maybe it was a time when you were a passenger in a car
Review where the driver was cited. What went through your mind at the
PPT Slide #1 time? What do you think went through the mind of the police officer?
(HAVE TWO STUDENTS COME UP AND DEMONSTRATE A

TRAFFIC STOP. ONE STUDENT IS THE DRIVER, THE OTHER IS
THE OFFICER. Explain to your “actors” that this is a simple
traffic stop. The driver should not be confrontational, and the
officer should assume all paperwork provided is valid.)
A 5-minute traffic stop might seem like a simple, straight-forward

encounter, but this officer-citizen contact is actually quite legally
complex. An officer must know and utilize a variety of legal concepts
and rules intertwining from various sources to include the U.S.
Constitution, Idaho Constitution, Idaho Code, county ordinances, city
ordinances, administrative rules, department policies and more.
In the patrol academy, we will be exploring legal concepts that could
be arranged and taught as topics to include: the U.S. Constitution,
Court Procedures, Rules of Evidence, Idaho Criminal Code, Idaho
Traffic Law, Search & Seizure, Laws of Arrest and the Miranda Rule.
(Write the topics on the whiteboard)
However, a patrol officer rarely encounters a single legal topic on the

street. An officer generally encounters multiple legal topics at the
same time. Place handcuffs on someone and there is a rule of law
from each of the above topics that applies. Being a law enforcement
officer is obviously not an easy job.
Therefore, we will be exploring legal topics by teaching a process in

steps. We will move through real-world scenarios and examples using
a process you will find to be the most common when encountering
citizens in different locations and different contexts.
Step 02: Refer the students to the “Study Guide” and remind them
they are responsible for the online materials they should have
completed pre-academy. Anything on the pages listed in the study
guide will be tested on their next weekly test.
The new materials outlined in the Study Guide for the next two days
will be on the weekly test after next.
PPT Slide # 2 Step 03: Help motivate the learners to participate in learning the
legal process by reminding them of the benefits. Research shows

there usually needs to be 4 benefits to overcome 1 negative.
The Benefits to Learning the Legal Process
The benefits of mastering this legal knowledge are: (1) You can focus
on the task and keep yourself safe. A lack of legal knowledge can lead
you to being distracted and miss seeing the suspect reaching for a
gun. (2) You will have increased confidence when talking with the
public, your supervisor, fellow officers, the prosecutor, the judge and
jurors.
For example, there are citizens (i.e. sovereign citizens) who try to use
the law, or things that sound like the law, to distract and confuse
officers. Knowing the law frees up brain activity to focus on what you
are observing rather than trying to recall a law or legal principle.
PPT Slide # 3 Step 04: Review the concept of living under the “Rule of Law” --
meaning for officers to be able to enforce the law it must be written.
Explain what common law meant as a non-example of the “Rule of
Law.” If it is not written – an officer is not able to enforce it.
Note: Students generally will cite Idaho’s common law marriage as an

example. Be sure to explain Idaho’s common law marriage is written
down in statute, and just so happens to be titled “Common law
marriage” because the statute copied the common law concept.
Briefly refer to what they learned about King John being forced to sign
the Magna Charta in the pre-academy materials. Explain we will be
learning how to apply the written rules of law in all steps of the “Legal
Process.”
REVIEW SEIZURE MATERIALS

PPT Slide # 4
Step 01: Review what the class observed from the demonstrated
traffic stop that qualifies it as a seizure and why it is usually the first
legal principle of every officer-citizen encounter.
See Instructor Handout – Step 02: Discuss and review the questions on PowerPoint Slide #3
Pages 25-31 using the workbook beginning on page 26-31.
PPT Slide # 5  “What type of Officer-Citizen Encounter is this?”
o What are the 3-types of officer-citizen encounters?
o What are the corresponding burdens of proof?
o Review definition of reasonable suspicion and remind
students “PC for the stop” is a misnomer. All that is
required for a traffic stop is reasonable suspicion.
However, it is true most of the time the higher burden
of probable cause is met.
o Compare and contrast the different types of officer-

citizen encounters. Give the students examples.
 Remind the students that if it is a consensual encounter then
the 4th Amendment does not apply, which means the
exclusionary rule also does not apply.
 Review the general rule and principles of a Temporary
Detention/Terry Stop to include the length of dentention and
scope of intrusion (pgs. 27-30 of handout)
See Instructor Handout –

Pages 11-22 Step 03: Review what the class remembers about the burdens of
proof and be sure they understand the definitions and which burdens
PPT Slide # 6 apply to the 3 officer-citizen encounters.
 Reasonable Suspicion
 Probable Cause
 Preponderance of the Evidence
 Clear and Convincing
 Beyond a Reasonable Doubt
Provide examples and non-examples where the officer will likely

encounter these burdens when working as a patrol officer.
Step 04: Review the rules of law that provide the authority for the
PPT Slide # 7 patrol officer to conduct a traffic stop.
 It is the Constitution that gives us, as government actors, the

initial authority and the right to stop the car.
 Next is the Idaho Constitution. We learned in the pre-
academy the Idaho Constitution may actually be stricter in its
application, but it can’t be more lenient.
 Finally, we have the Idaho Code, which sets forth what rights
and privileges a certified officer has to enforce the laws of
Idaho.
Step 05: Review why and how the 4th Amendment applies to a
PPT Slide # 8-9 temporary detention – traffic stop.
(READ IT FROM SLIDE – ASK WHAT PHRASES OR CONCEPTS

JUMP OUT TO THE STUDENTS?)
 Warrants are preferred. Why are warrants preferred?

o Let's think about that for a moment … Who issues a
warrant? (A judge)
o There are 3 branches of government – Executive,
Legislative, Judicial
o What is the role of the executive branch? (Enforce the
laws)
o What is the role of the legislative branch? (Make the
laws)
o What is the role of the judicial branch? (Interpret the

laws)
o Which branch of government do you work in?
(Executive)
o Warrants are preferred because the Judicial branch is
balancing the power of the executive branch. They
are the referees, who are to be neutral and impartial.
 Probable Cause – we are now introduced to the burden of

proof required to seize. But what type of seizure are we
talking about in the 4th Amendment? (Arrest)
o Where is probable cause defined in this Amendment?
o It’s not, nor can it be found anywhere in the
Constitution.
 Oath or Affirmation – This is where you are swearing to tell

the truth, the whole truth and nothing but the truth.
o Probable cause must be supported by Oath or
Affirmation.

Page 55
REVIEW INTERROGATION MATERIALS
PPT Slide # 10 Step 01: Using the classroom demonstration of the traffic stop
discuss with the students the conversation that took place between
the officer and the driver.
 Was this an interrogation?
 What comes to mind when I say the word “Interrogation?”
 What types of interrogations have you seen or experienced
before?
 What is the right to remain silent, and does it apply?
Explain the goals of the Interrogation stage

 Due Process – Notify them of the charges (5th Amendment)
 Collect further evidence to confirm or dispel your suspicions.
 Rehabilitate and/or correct behaviors
 Public Safety/Traffic Safety Messaging
 Public Relations – (remember, every traffic offender is a
potential juror in your next case)
PPT Slide #11 Step 02: Review the basic questions that must be answered during
the interrogation stage of an officer-citizen encounter.
 Are you legally allowed to ask questions? (Yes)

 What kind of questions? (Questions related to the stop and ?)
 Where is this authority found?
o Does the U.S. Constitution apply to this questioning?
(5th Amendment may not require you to notify the
driver, but it does apply. In addition, if your questions
delay the original purpose of the stop your
questioning will have now unlawfully seized the driver
under the 4th Amendment.)

o Does the Idaho State Constitution apply to this
questioning? (Thus far, the Idaho Supreme Court has
not used the Idaho Constitution to be stricter than the
5th Amendment. If prolonged – there is Article 1,
Section 17, that may be stricter than the 4th
Amendment.)
o Does the Idaho Code apply to this encounter?
 Do you have to notify the driver they have a right to remain
silent? (No. Review 3 elements of Miranda on next slide)
 What is the driver required to do by law? (Nothing – as far as
talking to you. They must comply with 49-316, but that
doesn’t mean they have to talk.)
 Depending on the timing of your questioning, have you now
unlawfully seized the driver? (See (d) above)
See Instructor Handout – Step 03: Recall the 3 rules to determine applicability of the 5th
Page 59 Amendment per Miranda.
PPT Slide #12 1. Custody

2. Interrogation
3. Government Actor
Because of the “inherently compelling pressures,” such a situation

entails, a suspect must be advised of his (or her) right to remain silent
and to the presence of counsel in advance if his answers are to be
admissible against him at a subsequent trial.
Everyone in Miranda custody who is about to be interrogated by an
officer (government actor) is entitled to Miranda advisements,
regardless of his or her experience or profession.
It is important to understand that both custody and interrogation
must co-exist at the same time before Miranda advisements are
required. It is the combination of custody and interrogation that
creates the “inherently compelling pressures” Miranda
advisements are meant to alleviate. This means neither the 5th
Amendment “right to remain silent” nor the “right to counsel” can be
asserted anticipatorily.
Note: You are not required to audio/video-record Miranda advisements

nor your interrogation or to take notes. Neither are you required to
have the suspect sign a document of their waiver. However, a record
of what took place is certainly helpful evidence in court.

Page 56 Step 04: Explain how the 5th Amendment is applied to each type of
officer citizen encounter:
PPT Slide #13 1. Voluntary/Consensual = No Miranda Advisement Required
2. Temporary Detention = No Miranda Advisement Required
3. Custody = Miranda Advisement Required
4. Arrest = Miranda Advisement Required

Instructor Note: It is common for students to mix-up the definition of
“temporary detention” of “detention” with custody. A citizen can be
detained and not be in custody. A citizen can also be in custody and
not be under arrest.
Use the step stool image to help the student visualize the process and
explain to them we will re-visit Miranda and this step stool in future
scenarios.
At this stage the goal is to memorize the definitions of temporary

detention, custody and arrest and for the students to begin to
understand the differences between each.

Page 56-59 Step 05: Using the traffic stop scenario review the other 2 rules
(interrogation and government actor) and how it applies to the traffic
PPT Slide # 14-18 stop.
The driver was likely asked incriminating questions in the student

traffic stop scenario (i.e. “Is there a reason you didn’t stop at that stop
sign).
Briefly discuss how “interrogation” does not necessarily require a

question, but can also be indirect questioning “meant to illicit a
response.” (This will be explored in future scenarios.)
The officer is obviously a government actor.
Briefly discuss how an officer can “deputy dawg” a private citizen and
make them a government actor. Otherwise, interrogation by a private
citizen does not implicate the 5th Amendment. (This will be explored
further in future scenarios).
Again, the goal at this stage of the instruction is to have the students
recall the definitions of custody, interrogation and government actor.
Step 06: Refer to page 58 and fill-in-the-blanks. Recall the 4

warnings provided to citizens under the Miranda Rule.
PPT Slide # 19
REVIEW SEARCH MATERIALS
Let’s move on to the third step in our legal process in this traffic stop.
The first step was “Seizure.”
The second step was “Interrogation”
The third step is “Search.”
A seizure is different than a search.
Seizure is taking.
Search is looking.
The officer on the traffic stop was likely searching the moment he
locked his attention in on the car. Think for a moment what the goals
are for this patrol officer in this stage of the legal process.

First, he is looking to keep himself safe. The number one goal is likely
officer safety.
Second, he is trying to make a legal determination whether a search is

necessary and legally appropriate.
Third, he is on a mission to collect evidence to confirm or dispel his

suspicions.
Fourth, he is keeping his eyes open to possibly discover evidence of

new crimes.
See Instructor Handout – Step 01: Review the questions you should have in mind as a patrol
Page 80 officer during the search stage.
 Does the U.S. Constitution apply to this traffic stop?
 Does the Idaho Constitution apply to this traffic stop?
PPT Slide # 20  Can you search the car with a warrant? (What is the burden
of proof in order for a judge to approve a search warrant?)
 Do you know how to write a warrant?
 Can you search the car without a warrant?
Step 02: Review the cases the cadets should have studied in the pre-
academy on page 80 in the Student Handout. Remind them they will
need to know the case names of the landmark decisions and what the
landmark decision was for purpose of POST weekly tests and the block
test for certification.
 Weeks v. U.S. = Exclusionary Rule (is born)

 Silverthorne Lumber Co. = Fruit of the Poisonous Tree
o Should be easy to remember “Lumber = Tree”
 Mapp v. Ohio = Exclusionary Rule (grows up)
o Exclusionary rule abolishes the “Silver Platter
Doctrine” and is now applicable to State government
actors.
 Chimel v. California = Search Incident to Arrest Exception
 Terry v. Ohio = Stop & Frisk exception to warrant requirement
See Instructor Handout – Step 03: Classify examples and non-examples of situations in which
Page 88-95 a citizen has a reasonable expectation of privacy.
Slides 21-25 provide examples of typical searches protected by the 4 th

PPT Slide # 21-30 Amendment. Citizens have a reasonable expectation of privacy in
their:
 Homes (remind the students what “curtilage” means.

 Vehicles (example includes a dog sniff – no reasonable
expectation of privacy in the air escaping the vehicle but a
citizen does have a reasonable expectation of privacy inside
their vehicle. May also discuss how we now need a warrant to
put a GPS tracker attached to outside of car.)
 Person (remind students a “Frisk” is different than a “Stop” –

just because you have reasonable suspicion to stop, doesn’t
mean you have reasonable suspicion to frisk and we will
address this as the course develops).
 Containers
Slides 26-30 provide nonexamples of searches where the 4 th

Amendment is not applicable.
 Slide 27-28 – explain the difference between open view versus

plain view. 4th Amendment doesn’t apply to open view,
therefore the exclusionary rule does not apply. Show the
difference between an open field (open view) versus looking
over the neighbor’s fence (plain view).
 Abandoned property
 Searches by private citizens
o Example is Batman – when he first started he was a
private citizen, therefore the 4th Amendment and
exclusionary rule did not apply to him. But when he
was given the “Bat Phone” and the “Bat Signal” by
Commissioner Gordon he was “Deputy Dawged” and
became a government actor.
Step 04: Review the search stage from the classroom “traffic stop”
PPT Slide # 31 demonstration with the class. Did the officer meet the goals?
REVIEW OF THE GOALS
Did the officer meet one of more of the goals of the search stage?
1. Officer Safety? (I suppose the quick answer is he did not die.)
2. Legal Ability to Search? (I assume he/she kept her/his eyes

open as driver opened wallet and as driver opened the glove
compartment. The officer likely scanned the entire car, not
only for officer safety, but to determine if a search was even
necessary. Yet at the same time, looking at the totality of the
circumstances, nothing was observed to indicate a search
would be necessary.
3. Collect Evidence? (Did the officer observe any evidence to

help confirm or dispel his/her suspicions.) additional
information regarding the traffic violation.
4. Discover evidence of other crimes? (No new crimes were

discovered. Did the officer check the driver's past record and
request a warrant check?)
REVIEW ARREST MATERIALS

PPT Slide # 32
Step 01: It is time for our officer to head back to his patrol car and
make an enforcement decision. As has been established in our earlier
discussions, in the United States we live under a “rule of law.”

To take an enforcement action – there must be a law and it has to be
written. If it isn’t written, we have nothing to enforce.
Before we make a decision, maybe it is best that we identify what our

goals are in the Arrest decision stage of the legal process. Let’s go
back to our traffic stop demonstration and think about what our goals
are in this stage.
The goals of the “Arrest (Citation)” stage.
1. Officer Safety
2. Determine whether a crime or violation of the law has been
committed. Have you met the legal burden of proof to be able
to arrest (or cite)?
3. Collect further evidence to be able to convince the fact-finder
beyond a reasonable doubt.
4. Complete the necessary legal paperwork correctly
Step 02: Review the questions an officer may need to answer during
PPT Slide # 33 this stage of the traffic stop:
 Is this a crime?
 Do you have the legal authority to write a citation?
 What does “under arrest” mean?
 Once you write a citation, does this mean the driver is under
arrest?
 Can you cut the driver a break with a “non-moving violation?”
(i.e. instead of citation for speeding you write an equipment
violation for broken speedometer)
 Can you legally give a verbal warning and let the driver go?
See Instructor Handout – Step 03: Cadets should have filled out pages 137-138 in their
Page 137-138 handouts during the pre-academy, but most will have not. It is a good
activity to have them use the “Idaho Criminal & Traffic Law Manual” to
PPT Slide # 34 fill-in-the blanks on pages 137 and 138. (Usually takes about 15-20
minutes).
Instructor Note: Students do not need to memorize the Idaho Code

numbers (i.e. 18-109, 18-111 etc… for purposes of the POST exam.
See Instructor Handout to help cadets fill in the blanks. Many do not
know what a crime of “omission” and/or the difference between
“commission” and “omission”
Cadets DO need to know the general definition for felony and

misdemeanor and also the
 Felony is generally punishable by a year or more in the

state prison
o I.C. 18-112-- If no other penalty is prescribed the

punishment is 5 years in state prison and/or a fine not
exceeding $50,000.00.
 Misdemeanor is generally punishable by a year or less in the
county jail
o I.C. 18-113 -- If no other penalty is prescribed the
punishment is 6 months in county jail and/or
$1,000.00 fine.
Instructor Note: They will see both the general rule and the
punishment when no other penalty is prescribed in multiple guess
format. It is helpful if you show them examples in the Idaho Code
Book. For example, turn to Title 18, Chapter 65 – Robbery. The
punishment is prescribed in the statute as imprisonment “in the state
prison not less than 5 years and may be extended to life.” If that was
not within the robbery statute then the punishment in I.C. 18-112
would apply.
Explain these are general rules. For example, domestic violence with a
child present could be a misdemeanor with 2 years in the county jail.
But generally, most misdemeanors are a year or less in the county jail.
But if the specific statute does not give the punishment, then under
18-113 it is 6 months in the county jail and/or a $1,000 fine.
See Instructor Handout – Step 04: During and after the activity of having the students using
Page 137-138 the Code Book to fill-in-the-blanks on pages 137-138, take the time to
teach them how to read the statutes and tips and tricks in using the
PPT Slide #35 code book.
 As a reminder, when reading the Idaho Code. The numbers

before the dash is the Title. The first one or two numbers after
the dash is the chapter. For example, in Title 18 – there are
86 chapters. The numbers following the chapter are the
section. Next are the sub-sections.
o Statutes from other states may be different. An
example of a federal code is 42 U.S.C 1983 or in
Washington the code is RCW 46.61.504.
 Help familiarize the students with the Table of Contents in

front of the book and the Index in the back.
o For example, finding the definition of “Crime” it would
seem logical to look under “C” in the index, but you
may not find definitions there. You may need to go to
“Defined Terms” and then look alphabetically in the
index.
o Have the students actually turn to the index and
explain the words the see in bold and ALL CAPS is the
main topic or category and the words in bold but not
in all caps are sub-categories.
 A helpful tip or shortcut is, if you are looking for definitions,

they are generally found in the first chapter of the title.
o For example, the definition of “Crime” is found in

chapter 1 of title 18.
o Definitions within the traffic code are found in chapter
1 of title 49.
 If you are looking for general punishments, they are generally

found in either chapter 1 or chapter 2 of the title.
o For example, punishments for misdemeanors and
felonies in title 18 are found in chapter 1.
o Punishments for infractions and misdemeanors are
found in chapter 2 of title 49.
Instructor Note: It is recommended you allow the students to help

each other in learning how to find answers within the code book.
First, fellow students are generally better instructors because they are
often at the same level and won’t skip steps, as an experienced
instructor will often do. Second, it gives extra practice for the student-
instructor. Third, it reinforces the concept of using “back-up” as a
police officer.
See Instructor Handout – Step 05: Recall the definitions of “principal” and “accomplice” versus
Page 138 “accessory.“
PPT Slide #36-38 Who commits crimes? CRIMINALS!
That seems like an easy answer to an easy question.
But let’s take a look at I.C. 18-203, which outlines who is liable for
committing crimes in Idaho. We have principals and accessories.
Have the students review the 3 stooges scenario on Slide 36 and

provide the correct labels to the stooges before turning to the answers
on Slide 37.
Slide 38 -- What about Shemp who didn’t know about their little bank
robbery, but they show up at his house and ask for help?
One of these things is not like the other . . .

And this is your opportunity for students to ask the instructor
questions to make sure they do not miss this on the POST exam.
Instructor Note: I find the best way to teach this concept is when I
hear the word “accessory” I always add “after-the-fact.” It is
“Accessory-after-the-fact.” This is someone who doesn’t know
anything about the crime before or during, but only after-the-fact.
Therefore, they are held to be less liable.
See Instructor Handout – Step 06: Recall the 5 Basic Elements of a Crime and have the
Page 139 students explain why there are the 5 basic elements of every crime.
Why is important these are the 5 elements?
PPT Slide #39-40
Slide 40 – Have the students practice identifying the 5 elements in the
sentences provided on the slide and/or identify the missing elements.

(Pick a different student for each sentence).
Instructor Note: This is a good opportunity to emphasize the

importance of good report writing.
See Instructor Handout – Step 07: Review the definitions of arrest the students should have
Page 117-121 covered in the pre-academy. Remind them they should have all the
blanks filled-in on pages 117-121.
PPT Slide #41
You may need to give the students a few minutes to fill-in these
blanks.
The students must memorize the following code numbers for

testing purposes:
 19-601 is the statute providing the definition of arrest

 19-603 is the statute classifying the circumstances where an
officer may make an arrest.
Students must be able to recall the definition of arrest as found in I.C.

19-601 and recognize it in a multiple guess format.
Many citizens like to challenge an officer’s authority to make an arrest,

therefore it is important to know where in the “rule of law” your
authority is found.
Review all of the circumstances in 19-603 and provide examples to

help the students understand the wording in the statute. For example,
many students ask questions about what “reasonable cause” means –
in the area of arrest it means probable cause.
Step 08: Wrapping up the arrest stage of the legal process in this
PPT Slide #42 traffic stop demonstrated by the two cadets, we want to go back and
answer the questions we asked at the beginning of this stage and
make sure we understand all of the answers.
First, “Is this a crime?” (ANSWER: NO it is an infraction – a civil public

offense)
Second, may we write a citation? (Yes, under the conditions in this

case we have the legal authority to write a citation. It is a violation of
a law, it just doesn't happen to meet the definition of a crime
therefore where it is not an arrestable offense . . . it's not a
misdemeanor nor a felony . . . we cannot arrest for running a stop
sign. All we can do is write a citation.
Third, what does under arrest mean? (Answer . . . We learned what

under arrest means. We learned the circumstances for which we can
arrest
Fourth, so we ask ourselves once we've written a citation now is the

driver under arrest?

Answer: again “No” the driver must be cited and released.
We are going to follow criminal burdens of proof in the court

procedures, but just because they received a citation for an infraction,
it does not mean the driver is under arrest. It is just showing that a
court process is about to happen and we're following the Fifth
Amendment due process requirements of notifying what she is being
charged with.
Fifth, Can you legally just give a warning?
Here is a question we haven’t talked about yet. What do you think?
The answer is yes, you do have discretion in this circumstance, where

you can do the educational piece
Now be very careful as we go to the next question …
Sixth, Can we cut the driver a break and write a non-moving violation?
This is where you can legally get yourself into trouble. It is

inappropriate and not ethical to write for a violation in which you do
not have probable cause to cite. And we certainly don't have the
ability to prove beyond a reasonable doubt.
You cannot write a citation that does not fit the elements of the
violation you are citing for.
That wraps up what we want to talk about at this stage of the arrest
process
There are many more things that we're going to talk about as we go
through other scenarios.
Stick with me, because if we use a real-world environment, using real-

world problems and take little bite-sized pieces, the research shows
you will learn the material faster, you will learn it better, and it will
make more sense when you apply it after leaving the Academy.
PPT Slide #42

REVIEW REPORT WRITING MATERIALS
Welcome to everybody's favorite stage – Report Writing!
We need to document this event
If you despise writing, then you have chosen the wrong profession.
I always ask every recruit class whether the prefer to be a journalist or
an evangelist. If you don’t like testifying, then I suggest you become
very good at being a journalist. If you do not do a good job in your
report writing I guarantee that you'll get to testify
Therefore, if you do a good job in this fifth stage in the legal process,
you may never get to the sixth stage of testifying in court.

In our student scenario (traffic stop) the physical act writing began
when the officer was making his arrest/citation decision. However,
the mental process of writing began the moment his or her attention
was drawn to the car. Most officers will return to their car after
concluding the traffic stop and make further documentation.
The questions in this stage of the process include:

PPT Slide #43
 Why is the citation in the form it is?
 Is there some legal reason?
 What information do you think is necessary for court? What
information does the court need?
 What is the legal burden of proof you are trying to achieve
with your writing?
 Based on the legal burden, what information should you
document?
These questions coincide with the Goals of Report Writing:
1. First, you need to prove the elements of your offense and you
have to meet your correct burden of proof.
2. Second, you have a legal discovery obligation. You must

provide to the defendant both inculpatory and exculpatory
evidence.
 Inculpatory means “culpable,” “responsible,” or “guilty.”
 Exculpatory is any evidence that may tend to show the

defendant is innocent or not as responsible for the
violation. If there was a car behind her not slowing down
and she had to run the stop sign to avoid a collision, this
would be exculpatory.
 This discovery obligation is one of the reasons they get

their own copy of the citation. A handwritten citation, like
this, has 5 copies for discovery purposes. Two copies are
sent to the court. One copy is for the Idaho
Transportation Department. The defendant gets a copy
and the last copy is yours.
 This further satisfies your due process obligations under

the 5th Amendment.
3. Third, your report is meant to refresh your memory prior to

testifying in court. You do not get to read your report on the
witness stand. In addition, the prosecutor does not know
what questions to ask if the information has not been
recorded.
4. Finally, good documentation will protect you from claims of

wrongdoing.

Why is the citation in the form it is?
 It is a rule of law. It is called the “Idaho Uniform Citation”

because the Idaho Supreme Court by rule requires the citation
to be in this format. This is the information the court needs
and it will also cover the driver’s due process rights.
What information is necessary for the court?
 Remember the 5 elements of a criminal offense? It is all

included in the citation and is what is necessary to prove in
court. The purpose of your report is to remember and testify
about all of the necessary elements.
 Based on the burden of proof at trial – we need to prove this

infraction beyond a reasonable doubt.
See Instructor Handout – REVIEW COURTROOM TESTIMONY MATERIALS

Pages 185-188 & 207-212
The goals of the Testimony stage.
PPT Slide #45
1. To tell the truth, the whole truth, and nothing but the truth.
2. All 5 elements of the crime/offense must be proven beyond a
reasonable doubt.
3. You are a fact witness. It is not your job to prove the case.
That is the prosecutor’s role. It is your job to testify clearly
and concisely about everything you observed, investigated and
collected.
4. Develop important skills of listening.
Courtroom procedures may be somewhat of a mystery for many

beginning patrol officers. Most of your education may have come from
television, which is often incorrect. Yet, there is actually free
instruction nearly every week day at the local courthouse. I highly
recommending you take advantage of this free training, where you
can observe what actually takes place in the criminal justice system.
Step 01: Review, as we have done thus far, by answering the

PPT Slide #46 questions posed in Slide 46 in context of our student demonstrated
traffic stop.
First, “What Courtroom will I report to and testify in this type of case?”
Second, “What is the burden of proof at trial?
Third, “Who is the fact-finder that will decide whether to believe my

testimony or not?”
Fourth, “What will I need to do to prepare to testify?”
Fifth,” What questions can I expect from the prosecutor? What kind of
questions can I expect from the defense? Judge? Jury? Anyone

else?”
Finally, “What if I can’t remember the answer to a question?

Or what if I don’t know the answer to a question?”
See Instructor Handout – Step 02: Review the information on slides 47-58 and have the
Pages 187-188 students make sure they have filled in the blanks on pages 187-188.
PPT Slide #47-58  An infraction will be in the magistrate court.

 The burden of proof is beyond a reasonable doubt.
 Note: You do not have to memorize that there are 47 district
judges in Idaho because this has been changing the last few
years as our population grows. It requires the legislature to
amend the statute.
See Instructor Handout – Step 03: Review the information found on pages 207-212. Remind
Pages 207-212 the students this information was covered online in the pre-academy
materials.
PPT Slide #59
Instructor Note: Provide some examples from your own experience of
the importance of officers being prepared to testify.
When testifying in court officers are most often a fact witness. This
means it is your job to provide facts to the fact-finder, not to argue for
their truth.
It is NOT your job to determine guilt.

It is NOT your duty to ensure justice.
It is your job to fulfill the oath. To tell the truth, the whole truth, and
nothing but the truth. These are 3 different distinct responsibilities.
I think telling the truth is easy, but it takes preparation to make sure
you are ready to tell the whole truth and nothing but the truth.
You are different from every other witness.

Other witnesses do not bear the same scrutiny that you do.
Another witness could actually lie, lie, lie, tell a truth, then lie, lie, lie.
The jury will call them a “liar, liar pants on fire” but they will take the
part they believe is the truth and still rely on it.
As an officer you can tell the truth throughout your testimony, but if
the jury perceives you have been dishonest at any time, they will
throw out your entire testimony. You are a liar, liar, pants on fire,
hanging from a telephone wire.
Therefore, preparation is key.
At this point, I will just introduce you to three things to prepare:

(1) Brush your teeth and wear appropriate courtroom attire
(2) Read your report and watch any videos prior to trial
(3) Treat everyone in the courtroom (including the defense attorney)
with professionalism

The key is to treat everyone the same. Be professional and courteous!
This is sometimes not easy to do, but it is important for your
credibility.
I like to think of how Mr. Rogers would handle it.
No! I’m not talking about testifying using a puppet.
It is keeping your cool, being calm, speaking respectfully, but not

being devoid of feelings.
If you didn’t listen to the officer’s testimony on the speeding trial in

the pre-academy, go back and listen to it again.
Finally, it is important officers understand what not to say in court,

therefore I recommend going back and reviewing the warnings on
page 212.
REVIEW “OTHER” MATERIALS

PPT Slide #60-63
Step 01: Activate prior learning – connect to past
learning/experience if possible.
 Ever do anything wrong as a kid and think no one was
watching, but they were?
 As a kid, were you ever accused of doing something wrong,
when you didn’t?
Step 02: Explain the goals of the “Other” stage.
 The goal of this stage is to protect you from claims of

wrongdoing.
 We work in a profession where there is never ending scrutiny.

You never know when your actions or integrity will be
questioned, nor by who. Therefore, we want to have a
discussion on other considerations you should have when
encountering the public, even when no legal actions are taken.
Step 03: Discuss who may review your actions of this traffic stop?
Who will review it if you just give a warning?
(a) prosecutor (not likely if just a warning)
(b) judge
(c) supervisor
(d) public
Step 04: Discuss who has the power to determine you did something
wrong?
(a) you
(b) prosecutor
(c) judge
(d) jury

(e) supervisor
(f) colleagues
(g) public (includes press, special interest groups, etc.)
Step 05: Discuss the personal or professional consequences if you do

anything wrong during this encounter.
(a) Lose case
(b) Departmental Discipline
(c) POST Discipline
(d) Loss of Credibility
(e) Civil Lawsuit
(f) Criminal Lawsuit
The rule of thumb is to conduct your life as if you are always

being recorded and someone is watching you. Unfortunately, it
is not far from the truth. Closed-Circuit Television (CCTV) cameras are
installed almost everywhere today and is quickly increasing with the
price of equipment falling dramatically over the last several years. As
a result, the average American has their image recorded by dozens of
cameras every day. In 2015, it was estimated an American citizen is
recorded by a camera at least 75 times a day.
For now, take a moment to celebrate completing the first

scenario in the 7-step legal process. We are ready to move on
to another scenario and start the whole process over again,
using the foundation we learned in this first scenario.
You are responsible for all the materials in the workbook as

outlined in the Student Study Guide. All materials in the
outline will be fair game on the next weekly test.

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Course: POST Patrol Academy

Topic: The Legal Process

Revision Date: July 1, 2021

1. Classify the 3 types of officer-citizen encounters. (Concepts)

2. Explain how the 4th Amendment is applied to each type of officer-

3. Recall the protections guaranteed by the 4th Amendment to the

4. Recall the protections guaranteed by Article 1, Section 17 of the

5. Recall the definitions for the following burdens of proof. (Facts)

6. Explain the legal burden of proof for the 3 types of officer-citizen

POST Detention Academy – Search & Seizure in Detention Facility 1

7. Classify examples and non-examples of seizures. (Concepts)

8. Determine the length of detention and scope of intrusion.

9. Explain the difference between (a) a frisk during a seizure; and

10. Recall 8 common factors supporting a frisk. (Facts)

11. Perform the steps to determine applicability of the 4th Amendment

12. Explain the difference between a detention and arrest.

1. Explain how the 5th Amendment is applied to each type of officer-

2. Classify examples and non-examples of instances in which a

3. Recall the Landmark Case decisions regarding the applicability of

4. Recall the 4 warnings provided to citizens in reference to Miranda

5. Recall the 3 rules to determine applicability of the 5th Amendment

6. Perform the 3 rules to determine applicability of Miranda in

8. Explain when a citizen can invoke the right to remain silent.

9. Explain how an officer may use written, audio and video

10. Based on the timing of your questioning, determine if you have

POST Detention Academy – Search & Seizure in Detention Facility 2

1. Recall the protections guaranteed by the 4th Amendment to the

2. Recall the protections guaranteed by Article 1, Section 17 of the

3. Explain why the Idaho Constitution can provide greater

4. Recall the Landmark Case decisions regarding the applicability of

5. Classify examples and non-examples of searches. (Concepts)

6. Recall the 4 questions to determine applicability of the 4 th

7. Classify examples and non-examples of situations in which a

8. Classify exceptions to the warrant requirement. (Concepts)

9. Perform the steps to determine applicability of the 4th Amendment

1. Recall the definition of crime per the Idaho Code. (Facts)

2. Recall the definitions for felony, misdemeanor and infraction.

POST Detention Academy – Search & Seizure in Detention Facility 3

4. Classify the difference between a principal, accomplice, aider or

5. Recall the 5 basic elements of a crime. (Facts)

6. Use the Idaho Code to predict whether a citizen has violated a

7. Use the Idaho Code to predict whether a citizen has violated a

8. Recall the definition of arrest as found in Idaho Code 19-601.

9. Recall the statutes in Idaho Code providing the authority to

10. Classify the circumstances when an officer may make an arrest

12. Recall the statute of limitations for misdemeanors. (Facts)

13. Recall the statute of limitations for ‘general’ felonies. (Facts)

14. Recall the criminal offenses in which there is no statute of

15. Explain what happens to the statute of limitations when the

17. Predict when an arrest may not be made on out-of-state

POST Detention Academy – Search & Seizure in Detention Facility 4

19. Classify when an arrest may be made with a warrant inside a

20. Classify when an arrest may be made with a warrant inside a

21. Explain when arrests may be made on felonies and misdemeanors

22. Recall the possible consequences of making a false arrest. (Facts)

23. Explain when an officer may detain a person with a detention

25. Recall the 3 rights an arrested person has under the 5 th

26. Perform an arrest and apply Miranda warnings correctly.

STEP 5 -- Report Writing

1. Recall the definition of evidence. (Facts)

2. Classify the three types of evidence an officer may later use in

POST Detention Academy – Search & Seizure in Detention Facility 5

3. Classify the difference between direct evidence vs. circumstantial