BACKGROUND: Determining the level of police contact is critical because of the legal consequences for officers. Actions can become unlawful if the contact level changes without proper legal justificat

CRIM 4450

WORKSHEET

WHICH CONTACT?

CONSENSUAL VS. DETENTION

GETTING STARTED: Make sure to read the information describing the assignment on the Canvas page, as well as use the “Which Contact Scenario” provided there as the basis for answering the questions below. You should have watched the “Levels of Contact” lectures and expect to draw upon the concepts from lecture asked about in the prompts. Otherwise, make sure you see Dr. G with any questions about he concepts from lecture and provided below.

Be sure to use quotation marks if you copy and paste information from the scenario – no special in-text citation is needed beyond acknowledging “in the scenario” but failing to use quotation marks if you borrow exact wording is not allowed!

FACTORS TO DETERMINE TYPE OF CONTACT

1. Courts have decided on various factors as to whether they indicate a consensual encounter or detention. Key criteria: does an individual feel free to go during an encounter? Put yourself in Diego’s position and decide if things leans towards him feeling free to go or feeling restrained.

(a). Put an X in the box for whether you think the factor would make Diego feel free to or under restraint.

(b). For each factor/group of factors, provide the evidence from the scenario that supports your choice of being free to go or restrained AND your reasoning that explains how/why your evidence reflects your choice.

TYPE YOUR ANSWERS BELOW THE CORRESPONDING BOXES

Maximum word count for your answer on a single factor is 100 words – if there are two factors together (e.g. officer number and location), maximum word count is 150 words.

Please delete this text in italics and below from the document before submitting your work. This is meant to ensure you understand the expectations here. You’re accountable for knowing and acting on all I write here!

The courts constantly rule on what police can or cannot do during contact with the public. From a legal standpoint, restraint immediately removes consent. So your job here is to go through each factor and see how you think they apply – do you consider Diego would feel free to go or restrained due to that factor? What’s your evidence and reasoning? If we’re talking CER, the claim is your choice of consent/restraint, your evidence comes from the scenario, and your reasoning will explain how the evidence relates to your choice. You only have 100 words per answer – don’t waste words writing things like “I think that this factor indicates restraint” when the X in the box tells me what you think already. Just get to what the evidence is for that choice and how it applies.

PLEASE DON’T COPY AND PASTE WHAT IS WRITTEN IN THE BOXES FOR THE FACTORS AS YOUR REASONING – I KNOW WHAT THE FACTORS ARE ABOUT, YOU NEED TO USE YOUR OWN WORDS TO SHOW ME THAT YOU DO!

2. Based on the factors you just examined above, do you consider that Diego’s encounter with the deputies constituted a consensual encounter or a detention?

(a) Put an X in the box of the contact level you think is best supported by the factors in the scenario.

(b) Which single factor offered the greatest support for the contact level you chose and why?

TYPE YOUR ANSWER BELOW – MAXIMUM WORD COUNT: 150

Give 2(a) some thought before deciding – there’s no right or wrong answer (just answers not explained or supported adequately!!), but there’s common sense. Don’t check everything as “free to go” and say it’s “detention”, though it definitely is possible that there may be one factor that’s your deciding factor for feeling as you do. And that’s exactly what 2(b) asks about, what is the strongest support you had for choosing the contact level you did? Why does it matter most to making a case for that type of contact compared to the other factors that were support? Again, keep the word count in mind and don’t waste time on unnecessary sentences, focus on showing the importance of your factor in supporting that type of contact.

DETERMINING REASONABLE SUSPICION

3. Regardless of your answer in #1c, after the encounter Diego contends the officers lacked reasonable suspicion to detain him; the officers contend they did indeed have reasonable suspicion.

Based on the “Factors to Consider” to determine reasonable suspicion given in the “Levels of Police Contact – Detentions” lecture, do you agree with Diego or the deputies? How do the “Factors to Consider” support your decision?

Be sure to use in text citation for the factors you discuss from lecture. Maximum word count: 300

TYPE YOUR ANSWER BELOW

To be clear, this question is NOT about the factors you just went through for #1 above. Now it’s time to go to the detentions lecture where I discuss “Factors to Consider” for determining reasonable suspicion. You’ll use these factors about the suspect or situation as the criteria to make the case for your claim regarding whether or not there was reasonable suspicion in the scenario. Did the deputies have some of the factors provided in lecture they could point to if they did indeed detain Diego? How were the factors NOT present if you think there was no reasonable suspicion? Really take your time with these factors to see how they can build suspicion – or conversely indicate how it was lacking. Remember US v. Arvizu – one factor wouldn’t likely be enough to claim reasonable suspicion, so build your case either way.

Don’t forget C-E-R here especially. Your Claim is whether or not there’s reasonable suspicion. Each factor you discuss requires Evidence from the scenario and Reasoning about how the scenario evidence is an example of that factor. So think you’re going to take it one factor at a time to explain, sort of C-ER-ER-ER (depending on how many factors you discuss). I would think at least two factors would figure into your answers, if not more.

EXTRA CREDIT (3 POINTS)

To answer this question, we are still going to use our same scenario but with the additional information:

Ofc. Franklin notices Diego touching his pocket several times while Ofc. N is attempting to speak with him, as if he’s trying to hold something in place. When Diego insists he doesn’t know anything about the robberies, Ofc. F asks if he can pat Diego down for weapons out of safety concerns. Diego hesitates, glancing at his phone again. But then he shrugs and says yes. Ofc. F feels what seems to be a gun and retrieves a semiautomatic handgun from Diego’s pocket that is a nine millimeter and has some silver painted on it. When Diego is asked about the handgun, he refuses to speak and is placed under arrest for the armed robberies.

Diego contends that, like the initial detention, his arrest was unlawful as it lacked probable cause. A judge disagrees. Identify and explain the “Probable Cause Sources” as identified in the “Levels of Contact – Arrests” lecture that would apply as the basis for Diego’s arrest.

Be sure to use in text citation for the factors you discuss from lecture. No maximum word count

Now it’s time to put yourself in the position of the deputies who must provide legal justification for Diego’s arrest. In the arrest lecture, we discussed the typical sources of probable cause that police use. Unlike the last question, this isn’t for you to decide that probable cause does or does not exist. Instead, you know the judge ruled there was probable cause, so which sources apply to our scenario? I will tip you off and say I expect you can find at least two sources. Each source is a Claim. Use both the information from the scenario on page one and the information provided for the extra credit for your Evidence. Your Reasoning should explain why your evidence acts as an example for that particular type of source. Make your case and sell me – now maximum word count!

Bottom line as always: see Dr. G with any questions, no one should lose points due to being unsure about what is asked of them! This worksheet is worth over one letter grade so think through how important your answers here are – no one is assured full credit and that can be a lot of points to lose for not doing it satisfactorily. It seems pretty simple but it requires you to provide concise answers that show critical thinking and the support that’s always required for a solid argument.