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CP Chapter 5
Terms in this set (30)
officer taking a person into custody and holding her to answer criminal charges
Identify the characteristic of a full custodial arrest? Page 164
1. The police officer says to the suspect "You are under arrest"
2. The suspect is put into a squad car
3. The suspect is taken to the police station
4. The suspect is photographed booked and finger printed.
5. The suspect is searched
6. The suspect is locked up either at the police station or the jail
7. The suspect is interrogated
8. The suspect may be put into a line-up
What are the two elements of a reasonable arrest?
1. Objective basis- the arrest was backed up by probable cause
2. manner of arrest- The way the arrest was made was reasonable
Probable Cause Arrest
requires an officer, in the light of her training and experience, knows enough facts and circumstances to reasonably believe that:
a crime has been , is being, or is about to be committed
person arrested has committed, is committing, or is about to commit a crime.
Right of Locomotion
Freedom to come and go as we please
What are 2 societal interests are balanced by the probable cause requirement? page 166
1. Crime control
2. right of locomotion
CASE: Bringegar v. U.S page 166
probable cause balances the interest in safeguarding individuals from rash and unreasonable interference's with privacy and from unfounded charges of crime, with the need to give law enforcement fair leeway for enforcing the law in community protection.
Identify and define the two sources of information officers can use to build probable cause to arrest. page 166
Direct information probable cause to arrest
is firsthand information, namely, information arresting officers know form what they see, hear, feel, taste, smell at the time of the arrest
courts can't admit secondhand evidence to convict defendants in a trail
totality of the circumstances test
requires courts to determine what what officers knew at the time of the arrest is enough to back up the officers belief that he suspect has committed or is committing a crime.
CASE: Common wealth v. Dunlap 2007
involved probable cause and if it was established regarding a illegal drug possesion
Describe two elements of the Fourth Amendment reasonableness requirement?
What are the three elements of an arrest warrant?
1. A neutral magistrate
2. An affidavit
3. The name of the person to be arrested
Summarize the empirical research regarding the neutral magistrate requirement?
The bottomline is that magistrates often only spend 2-3 minutes reviewing the information and rarely ask any questions regarding the issue or the background information behind it.
Why are some warrant affidavits purposefully vague
The federal Rules of Criminal Procedure provide that an arrest warrant must contain the defendant's name or if it is unknown, a name or description when the defendant can be identified with reasonable certainty.
Why are some warrant affidavits purposefully vague?
In some cases information is used from an undercover informant and in order to ensure their safety the information is left vague. Page 173 (Fraizer v. Roberts)
one who will fairly and adequately review the warrant
Why do officers need to obtain warrants to arrest a suspect in a home?
The court system "Violating the sanctity of the home is simply too substantial an invasion to allow without a warrant".
Define and give example of the exceptions to the arrest warrant requirements to enter homes?
Imminent destruction of evidence
Imminent escape of suspect
What two conditions must be satisfied to justify the use of deadly force?
1. necessary to apprehend dangerous suspects
2. it doesn't put innocent people in danger
Case Tennesse v. Garner
Describe the role of law enforcement intention in the use of reasonable force
It doesn't depend on he officer intent or motive
restraint capable of producing death
objective standard of reasonable force
the fourth Amendment permits officers to use the amount of force necessary to apprehend and bring suspects under control
Case Graham v. Connor
Identify the actions taken after an arrest for a felony
use force to subdue
take suspect to the police station and book him
photograph and finger print
put them into lineups
turn the results of the initial investigator over to prosecutors
present prisoners to a magistrate
Why is it reasonable for officers to arrest suspects for a misdemeanor offense?
Because an arrest can be made if the officer has probable cause no matter what the offense
Atwater v. City of Lago Vista
bite and hold technique
if given a find command the dog with bite and hold a suspect until commanded to release.
find and hold technique
the dog on command will find and bark
Direct information probable cause to arrest
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