The Law Officer’s Pocket Manual, 2023 Edition

John G. Miles Jr. was legal editor, consultant, and guest lecturer in police training programs sponsored by the U.S. Park Police and other law enforcement agencies. He was a graduate of the Catholic University School of Law and received a degree in political science from the University of California at Berkeley. He belonged to the D.C. Bar and the American Bar Association. David B. Richardson is a personal injury attorney based in Bellevue, Washington. He received a law degree from Seattle University School of Law and was admitted to the Washington State Bar in 1992. He holds a master’s degree in international studies from New York University and a bachelor’s degree from the University of Colorado, Boulder.

I. PURPOSE AND USE OF THIS MANUAL II. THE POLICE-CITIZEN ENCOUNTER A.Police Activities That Require No Evidence of Wrongdoing B.Investigative Detention III. IDENTIFICATIONS A.In-Person Identifications B.Photograph IdentificationIV. ARREST A.When an Arrest Takes PlaceB.What You Need to Arrest—Probable Cause C.Misdemeanor Arrests D.Use of Force to Make an Arrest E.When You Should Get an Arrest WarrantF.When You Don’t Need an Arrest Warrant G.Constitutional Requirements of an Arrest Warrant H.Requirements for Execution of an Arrest WarrantI.Foreign Nationals V. SEARCH INCIDENT TO ARREST A.Automobile Searches B.Time and Place C.Plain ViewD.“Sweep” of Premises Where Arrest Has Been Made E.More Intrusive Searches F.Obtaining Physical Evidence from the Body of a Suspect Under ArrestG.Obtaining Physical Evidence from the Body of a Suspect Not Under Arrest VI. INTERROGATION A.When Warnings Should Be Given B.When Warnings Are Not Necessary C.Miranda Warnings D.When to Repeat the Warnings E.Interrogating Juveniles F.The Suspect’s Answer G.Questioning H.Belated Warnings I.Exceptions to Miranda’s Exclusionary RuleJ.Dealing with a Formally Charged Suspect VII. SEARCH AND SEIZURE A.Search Without a Warrant B.“Searches” That Aren’t Really Searches C.Search with Warrant D.Automobile InventoriesE.Inventories of Arrestees F.Administrative Search Warrants G.Computers and Other Electronic Devices H.The Exclusionary Rule VIII. SURVEILLANCE AND PRESERVATION OF EVIDENCE Part I. Surveillance A.Police Surveillance Without Electronic Devices B.Electronic Surveillance of Communications C.Electronic Devices That Do Not Intercept Communications Part II. Preservation of Evidence IX. ENTRAPMENTX. DISABLED PERSONS A. Assessing the Condition of Persons Who Are Not Fully Conscious or Able to Communicate B.Arresting Persons with Disabilities C. Communicating with Disabled Persons XI. CASE REFERENCES