Study sets matching "arrests without with warrants"

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Study sets matching "arrests without with warrants"

15 terms
ISAACS ARRESTS WITHOUT WARRANT
"Arrest The taking of another person i…
An officer may make an arrest without…
"An officer may make an arrest without…
An officer may make an arrest without…
authorized by law.
committed in the officer's
Felonies and gross misdemeanors
felony crime;
"Arrest The taking of another person i…
authorized by law.
An officer may make an arrest without…
committed in the officer's
10 terms
P1 Arrest with and without a warrant
What is an arrest?
Arrests can be carried out in order to:
Do all citizens of the UK have the leg…
You can not make a citizen's arrest if…
An arrest is the removal of a person's liberty for a temporar…
Have the person answer to a charge... Prevent a breach of the pe…
Yes, the right is given to the public by Section 24 of the Po…
you believe a crime is about to be committed, but only if one…
What is an arrest?
An arrest is the removal of a person's liberty for a temporar…
Arrests can be carried out in order to:
Have the person answer to a charge... Prevent a breach of the pe…
15 terms
Arrest without warrants
With full consideration
Do you wish a parent or guardian be pr…
Charged in adult court
1. Crimes committed in officers presen…
It is the policy of this department that warrantless arrests…
For juvenile suspects one additional Miranda question is incl…
During Miranda:A juvenile should be advised of potential to be
What six circumstances man officer make an arrest without a w…
With full consideration
It is the policy of this department that warrantless arrests…
Do you wish a parent or guardian be pr…
For juvenile suspects one additional Miranda question is incl…
9 terms
Arrest Without a Warrant
Offense within View
Within view of a Magistrate
Any Peace officer may arrest without a…
Any Peace officer may arrest without a…
(a) A peace officer or any other person, may, without a warra…
A peace officer may arrest, without warrant, when a felony or…
persons found in suspicious places and under circumstances wh…
persons who the peace officer has probable cause to believe h…
Offense within View
(a) A peace officer or any other person, may, without a warra…
Within view of a Magistrate
A peace officer may arrest, without warrant, when a felony or…
5 terms
Searches and seizures with a warrent, arrests without a warrant
Requirements for probable cause for a…
two conclusions needed for search warr…
Arrests without a warrant
arrests without a warrant examples
requires substantial and trustworthy evidence to support two…
specific objects to be searched for are connected with crimin…
officers may enter a private home to make a warrantless arest…
emergency, evidence, escape, exigent circumstances
Requirements for probable cause for a…
requires substantial and trustworthy evidence to support two…
two conclusions needed for search warr…
specific objects to be searched for are connected with crimin…
10 terms
isaacs arrest without warrant dv
With the exception of ________________…
. If the peace officer has probable ca…
"A peace officer ________ base a decis…
" Immediately notify his immediate sup…
homicide, fraud, forgery, sexual assault and child/elder abuse
primary physical aggressor
shall not
ANY law enforcement agency
With the exception of ________________…
homicide, fraud, forgery, sexual assault and child/elder abuse
. If the peace officer has probable ca…
primary physical aggressor
Cadet Test- Arrest without Warrant
An officer may, without a warrant, pur…
In regards to offenses committed in th…
An officer's ____ will not alone justi…
An officer should obtain an arrest war…
the offender commits a felony in the officers presence or the…
unless there is an exception law, officer acting in jurisdict…
good faith
all of the above
An officer may, without a warrant, pur…
the offender commits a felony in the officers presence or the…
In regards to offenses committed in th…
unless there is an exception law, officer acting in jurisdict…
33 terms
Arrest WITH a Warrant
daytime nightime
yourself purpose
warrant
may
An arrest can be made at ____ or ____.
You must identify ____ and your ____.
You must show the ____ if asked (as soon as possible).
If denied admittance after notice of authority and purpose, y…
daytime nightime
An arrest can be made at ____ or ____.
yourself purpose
You must identify ____ and your ____.
11 terms
6/006.01 (ARRESTS WITHOUT WARRANTS)
DEFINITIONS:... Arrest-
DEFINITIONS:... Probable Cause-
DEFINITIONS:... Miranda Warning To Suspe…
GENERAL:... An officer may make an arres…
The taking of another person into custody, in a case and in t…
Exists when the facts and circumstances known to the officer…
You have the right to remain silent. Anything you say can be…
1. Crimes (felony, gross misdemeanor, or misdemeanor) which h…
DEFINITIONS:... Arrest-
The taking of another person into custody, in a case and in t…
DEFINITIONS:... Probable Cause-
Exists when the facts and circumstances known to the officer…
6/006.01 (ARRESTS WITHOUT WARRANTS)
DEFINITIONS:... Arrest-
DEFINITIONS:... Probable Cause-
DEFINITIONS:... Miranda Warning To Suspe…
GENERAL:... An officer may make an arres…
The taking of another person into custody, in a case and in t…
Exists when the facts and circumstances known to the officer…
You have the right to remain silent. Anything you say can be…
1. Crimes (felony, gross misdemeanor, or misdemeanor) which h…
DEFINITIONS:... Arrest-
The taking of another person into custody, in a case and in t…
DEFINITIONS:... Probable Cause-
Exists when the facts and circumstances known to the officer…
Arrest Warrant Requirement / Legality of Arrest Without a Warrant
U.S. v. Watson (1976)
U.S. v. Watson (1976) (second holding)
Payton v. New York (1980)
Can a person be arrested in home witho…
The 4th Amendment permits a warrantless arrest in a public pl…
The 4th Amendment does not permit a search without a warrant…
The 4th Amendment prohibits police from making a warrantless…
The 4th amendment permits a person to be arrested in his home…
U.S. v. Watson (1976)
The 4th Amendment permits a warrantless arrest in a public pl…
U.S. v. Watson (1976) (second holding)
The 4th Amendment does not permit a search without a warrant…
10 terms
10.31.100 Arrest Without Warrant
Assault, Harassment, Theft, Malicious,…
Protection / No Contact Order
Domestic Violence
Violation of Traffic Offense
(1) Any police officer having probable cause to believe that…
An order has been issued of which the person has knowledge un…
The person is sixteen years or older and within the preceding…
RCW 46.52.010, relating to duty on striking an unattended car…
Assault, Harassment, Theft, Malicious,…
(1) Any police officer having probable cause to believe that…
Protection / No Contact Order
An order has been issued of which the person has knowledge un…
49 terms
Chapter 11:searches & arrests with warrants
particularity
arrest warrant
search warrant
neatral & detached magistrate
4th amendment requirement that an arrest warrant name the per…
oder issued by a judge directing an officer to arrest an indi…
order issues by a judge directing an officer to search a part…
1/3 elements of a valid warrant; any judge who does not have…
particularity
4th amendment requirement that an arrest warrant name the per…
arrest warrant
oder issued by a judge directing an officer to arrest an indi…
17 terms
Powers of the police to arrest without a warrant
S24 of PACE 1984
S110
for any offence
What is the necessity test and what do…
What section allows arrest without a warrant?
What section is the Serious Organised Crime and Police Act 20…
When can an arrest without a warrant be made?
Restricts police power to arrest without a warrant - no lawfu…
S24 of PACE 1984
What section allows arrest without a warrant?
S110
What section is the Serious Organised Crime and Police Act 20…
Gathering Evidence: With and Without and Warrant
What does the Fourth Amendment say?
What is a warrant?
What is probable cause?
Can a search with a warrant violate th…
It prohibits the government from making illegal searches and…
Written permission from a neutral officer to conduct a search
Based on all information presented when obtaining a warrant i…
Yes... 1) The warrant was issued with no probable cause ... 2) The…
What does the Fourth Amendment say?
It prohibits the government from making illegal searches and…
What is a warrant?
Written permission from a neutral officer to conduct a search
5 terms
Arrest without a warrant for Domestic Violence 6/016.00
Except as otherwise provided in subsec…
If the peace officer has probable caus…
Visible signs of injury need not exist…
Procedure: Responding Officer Will: up…
committed a battery upon his or her spouse, former spouse, an…
(a) Prior domestic violence involving either person; ... (b) Th…
The officer finds other evidence or witnesses to support a pr…
1. determine location/condition of persons involved... 2. secure…
Except as otherwise provided in subsec…
committed a battery upon his or her spouse, former spouse, an…
If the peace officer has probable caus…
(a) Prior domestic violence involving either person; ... (b) Th…
18 terms
6/016.00 (ARREST WITHOUT A WARRANT FOR DOMESTIC VIOLENCE)
With the exception of homicide, fraud,…
In determining whether a person is a p…
1 OF 8... PROCEDURE:... Responding Officer(…
2 OF 8... PROCEDURE:... Responding Officer(…
Domestic Violence Detail
(a) Prior domestic violence involving either person;... (b) The…
1. Upon arrival at the scene:... a. Determines location/conditi…
2. Conducts a preliminary investigation:... a. Interviews victi…
With the exception of homicide, fraud,…
Domestic Violence Detail
In determining whether a person is a p…
(a) Prior domestic violence involving either person;... (b) The…
6/016.00 (ARREST WITHOUT A WARRANT FOR DOMESTIC VIOLENCE)
With the exception of homicide, fraud,…
In determining whether a person is a p…
1 OF 8... PROCEDURE:... Responding Officer(…
2 OF 8... PROCEDURE:... Responding Officer(…
Domestic Violence Detail
(a) Prior domestic violence involving either person;... (b) The…
1. Upon arrival at the scene:... a. Determines location/conditi…
2. Conducts a preliminary investigation:... a. Interviews victi…
With the exception of homicide, fraud,…
Domestic Violence Detail
In determining whether a person is a p…
(a) Prior domestic violence involving either person;... (b) The…
8 terms
Can police do these things without warrant to search/arrest?
Arrest warrant
Public place
Hot pursuit
Inventory search (backpack, purse)
"Protective sweep"... Yes
"Probable cause"... Yes
Fleeing felon... Yes
Yes (probable cause)
Arrest warrant
"Protective sweep"... Yes
Public place
"Probable cause"... Yes
13 terms
Arrests
Arrest
Probable Cause to make an Arrest
What you need for an arrest (3)
Municipal Jurisdiction
Keeping or taking someone in custody by legal authority - esp…
A crime has been committed... This person most probably did it
Authority to arrest... Assertion of that authority... Restraint of…
Within 3 miles of corporate lines if in pursuit
Arrest
Keeping or taking someone in custody by legal authority - esp…
Probable Cause to make an Arrest
A crime has been committed... This person most probably did it
8 terms
Search Warrants
Supervisor
NINJAS (Narcotics Information Network…
Ten (10) days
Fifteen (15) days
In all cases a __________ must approve the probable cause for…
Narcotics warrants shall be checked against the _____________…
Executing law enforcement officers, will within __________ of…
If a warrant is not served in a timely manner, or the officer…
Supervisor
In all cases a __________ must approve the probable cause for…
NINJAS (Narcotics Information Network…
Narcotics warrants shall be checked against the _____________…
8 terms
Searches Without Warrants
Search Incident to a Lawful Arrest
Stop & Frisk
Consent
Plain View
allow the police to search a lawfully arrested person and the…
if an officer believes someone is behaving suspiciously, then…
when a person voluntarily agrees to have a search conducted u…
if an object connected with the crime is in plain view and ca…
Search Incident to a Lawful Arrest
allow the police to search a lawfully arrested person and the…
Stop & Frisk
if an officer believes someone is behaving suspiciously, then…
8 terms
Searches without a Warrant
Search incident to lawful arrest
Stop and frisk
Consent
Plain view
If one is arrested in or near their car, they can search the…
To protect the safety of officers, an officer who believes so…
When a person agrees, an officer can search without a warrant.
If an object connected with a crime is in plain view and can…
Search incident to lawful arrest
If one is arrested in or near their car, they can search the…
Stop and frisk
To protect the safety of officers, an officer who believes so…
Due Process Test #2: Arrests and Arrest Warrants
United States v. Watson
United States v. Watson Issue
United States v. Watson Holding
Payton v. New York
Watson -> Warrant -> Warrantless arrest
Does a warrantless arrest violate the Fourth Amendment if the…
Warrantless arrest is permitted if there is probable cause to…
Payton -> Football -> Fleeing Felon -> Entered home without w…
United States v. Watson
Watson -> Warrant -> Warrantless arrest
United States v. Watson Issue
Does a warrantless arrest violate the Fourth Amendment if the…
32 terms
Search Warrants and Arrest Warrants
Things that must be utilized when exec…
Details of arrest warrants
What is the affidavit
Restrictions on search warrants
legal knowledge, common sense, good judgment, experience
directed to all peace officers in the state... It could have geo…
It is the written explanation to the judge on how you have es…
Searches must be conducted in a manner that is reasonable... Sea…
Things that must be utilized when exec…
legal knowledge, common sense, good judgment, experience
Details of arrest warrants
directed to all peace officers in the state... It could have geo…
50 terms
ARRESTS
if all arrest are seizures are all sei…
which amendment do arrest invoke?
arrest
article 201
no. all seizures are not arrest (property)
4th amendment. seizure of people
taking one person into custody against their will for crimina…
taking one person into custody by another... does not say it has…
if all arrest are seizures are all sei…
no. all seizures are not arrest (property)
which amendment do arrest invoke?
4th amendment. seizure of people
13 terms
Warrants
Bench Warrant
Judgement Debtor Rule
RS 14:133.1 (133 y/o grandma gets in t…
Two types of warrants
Signed by deputy clerk
Civil warrant for arrest
Obstruction of court order
Affidavit.... Bench.
Bench Warrant
Signed by deputy clerk
Judgement Debtor Rule
Civil warrant for arrest
12 terms
Arrests, summons and warrants
Definiton of arrest
Unlawful arrest
Summons
Serving summons
Taking of a person's liberty so that they may answer an alleg…
Where a person (including a police officer) makes use of a po…
Written order directing named person to appear at time and da…
Handed to them personally ... Leaving it with another/last known…
Definiton of arrest
Taking of a person's liberty so that they may answer an alleg…
Unlawful arrest
Where a person (including a police officer) makes use of a po…
12 terms
ARRESTS
Arrest
Person arrested must be told
State and national legislators
Arrest with a Warrant
Taking a person into custody in a manner authorized by law, s…
Intention to arrest, reason, authority; except if in pursuit
Exempt from arrest while in session except for treason, felon…
Authority peace officer. Private person can not arrest on war…
Arrest
Taking a person into custody in a manner authorized by law, s…
Person arrested must be told
Intention to arrest, reason, authority; except if in pursuit
8 terms
Searches Without Warrants
Border & Airport
Automobile (vehicle searches)
Stop & Frisk
Hot pursuit
customs agents are authorized to search without warrants and…
a police officer who has probable cause to believe vehicle co…
if police officer has reasonable suspicion that person is arm…
police in hot pursuit of suspect are not required to get a wa…
Border & Airport
customs agents are authorized to search without warrants and…
Automobile (vehicle searches)
a police officer who has probable cause to believe vehicle co…
chp 14 Arrest; Probable Cause; Search Warrants
4th Amendment
Probable Cause
Probable Cause to Arrest
Probable Cause to Search
The right of the people to be secure in their *persons, house…
Search or Arrest required by 14th Amendment
It must be more likely than not that a violation of the law h…
More likely than not that that specific item to be searched f…
4th Amendment
The right of the people to be secure in their *persons, house…
Probable Cause
Search or Arrest required by 14th Amendment
Arrest Warrants
Arrest Warrant
1. "The State of Texas"... 2. Specify the…
30 days
need not have
a written order issued by a magistrates and directed to a PO,…
An Arrest warrant shall:
Officers shall automatically verify the accuracy of any arres…
Officers ________ ______ ________ actual physical possession…
Arrest Warrant
a written order issued by a magistrates and directed to a PO,…
1. "The State of Texas"... 2. Specify the…
An Arrest warrant shall:
Searches and Seizures without a Warrant
Searches without a warrant
Plain view
Searches incident to a lawful arrest
Stop and Frisk
An Exigency (emergency) that does not allow time to obtain a…
- Officers can seize anything in "plain view" regardless of w…
- No warrant is necessary as long as an officer has probable…
Terry v. Ohio... 1. High crime area... 2. Suspicious activity... 2. In…
Searches without a warrant
An Exigency (emergency) that does not allow time to obtain a…
Plain view
- Officers can seize anything in "plain view" regardless of w…
20 terms
Arrests
Short of the application of force, it…
Without probable cause an arrest is il…
No person shall be arrested with less…
DPD supervisor shall review_________ a…
Arrest
Illegal and evidence obtained is inadmissible
Probable Cause
every
Short of the application of force, it…
Arrest
Without probable cause an arrest is il…
Illegal and evidence obtained is inadmissible
9 terms
Arrests
Probable Cause
PC 836
Warrantless Felony Arrest (you can arr…
Information Required at time of arrest
A set of facts that would cause an ordinary person to believe…
Authority to arrest a person with a warrant and/or arrest a p…
Felony is committed in your presence
intent: tell them they are being arrested... cause: tell them wh…
Probable Cause
A set of facts that would cause an ordinary person to believe…
PC 836
Authority to arrest a person with a warrant and/or arrest a p…
5 terms
Arrest and charge, summons and warrants
Information and summons
Arrest without a warrant
On arrest officers must
Citizen's arrest
Summon is official legal document which commands the person t…
police may arrest anyone they reasonably suspect having commi…
tell the person that he or she is under arrest, tell the pers…
ordinary people may arrest another person when a crime has be…
Information and summons
Summon is official legal document which commands the person t…
Arrest without a warrant
police may arrest anyone they reasonably suspect having commi…
16 terms
ISAACS ARRESTS PROCEDURES
It is the policy of this department th…
". In the County, misdemeanor arrests…
".) In the City of Las Vegas, all appr…
If practical in misdemeanor cases_____…
the most serious charge(s)
SINGLE most serious offense
TRUE
, issues citation(s);
It is the policy of this department th…
the most serious charge(s)
". In the County, misdemeanor arrests…
SINGLE most serious offense
13 terms
Exceptions to the Warrant Clause: Arrests
Arrests in Public
Tennessee v. Garner
Scott v. Harris
Nondeadly Force
a. Police don't need warrant to arrest you in public if they'…
Deadly Force: May not be used to stop fleeing felon unless (1…
High Speed Chases - officers can attempt to stop fleeting mot…
reasonableness = severity for the crime, whether the suspect…
Arrests in Public
a. Police don't need warrant to arrest you in public if they'…
Tennessee v. Garner
Deadly Force: May not be used to stop fleeing felon unless (1…
10 terms
Search warrants
Fourth amendment
Law isn't followed
Steps for warrant
PC
No "unreasonable" searches and seizures; warrants must be giv…
1. evidence may not be admissible... 2. possible civil and crimi…
1. Determine if facts justify issuance... 2. draw out and state…
Probable cause
Fourth amendment
No "unreasonable" searches and seizures; warrants must be giv…
Law isn't followed
1. evidence may not be admissible... 2. possible civil and crimi…
Arrests
Coercion
Intrusive
Custodial
Common law
The intimidation of a victim to compel the individual to do s…
to thrust or bring in without invitation, permission, or welc…
The keeping or charge of officers of the law
Judge-declared law. Law which exists and applies to a group o…
Coercion
The intimidation of a victim to compel the individual to do s…
Intrusive
to thrust or bring in without invitation, permission, or welc…
27 terms
Warrants
warrant requirements
establishing PC
TP informant
Exception to Warrant
oath or affirmation, neutral/detached magistrate, PC, and par…
flight, physical clues, voluntary admissions, previous crimin…
informant must corroborate every fact. facts must be beyond c…
PC leads to an arrest, search pursuant to the arrest doesn't…
warrant requirements
oath or affirmation, neutral/detached magistrate, PC, and par…
establishing PC
flight, physical clues, voluntary admissions, previous crimin…
Arrests
If an officer, during his investigatio…
The arrest warrant of Sheriff CW Ogbur…
Some elements of arrest are:
The general rule in SC regarding misde…
Re-evaluate the evidence to determine whether its sufficient…
It was the conclusion only of Sheriff Ogburn and not supported.
1) The authority to arrest... 2) Restraint of the person to be a…
Where easily recognized evidence indicates the crime was "fre…
If an officer, during his investigatio…
Re-evaluate the evidence to determine whether its sufficient…
The arrest warrant of Sheriff CW Ogbur…
It was the conclusion only of Sheriff Ogburn and not supported.
Criminal Procedure: Warrants
Probable Cause to Arrest
Probable Cause to Search
Aguilar Informant Test
Warrantless Search
belief that crime was committed and suspect committed it
belief that evidence will be found with a nexus to the crimin…
How reliable is the information and what is the basis for the…
presumed unreasonable
Probable Cause to Arrest
belief that crime was committed and suspect committed it
Probable Cause to Search
belief that evidence will be found with a nexus to the crimin…
10 terms
Search Warrants
Consent
Exigent Circumstances
Probable Cause with an arrests
When laws aren't followed
-get in writing... -can only be given by the person in control o…
-entry was necessary to prevent harm to officers and others
-circumstances may not permit an arresting officer to obtain…
-evidence my not be admissible ... -civil/ criminal penalties ag…
Consent
-get in writing... -can only be given by the person in control o…
Exigent Circumstances
-entry was necessary to prevent harm to officers and others
32 terms
Execution of Arrest Warrants.
Arrest warrant
Probable cause
Reasonable suspicion
Officers shall never unless permitted…
Is a written order issued by a magistrate and directed to a p…
The total set of apparent facts and circumstances based on re…
An officers rational belief based on credible and articulate…
Shall never arrest anyone without an arrest warrant. Shall ne…
Arrest warrant
Is a written order issued by a magistrate and directed to a p…
Probable cause
The total set of apparent facts and circumstances based on re…
10 terms
1021.004 Executing search and arrest warrants
Who is responsible for the tactical ex…
The investigatory phase of the warrant…
Need permission of ___ before applying…
Need permission of ___ before applying…
PMRD employees
Investigations Division
Police Board
COP or designee
Who is responsible for the tactical ex…
PMRD employees
The investigatory phase of the warrant…
Investigations Division
Probable Cause and Arrests chp15
Consent Search
Voluntary
3rd Party Consent
Scope of Consent
judged by voluntariness
not the product of duress, coercion, express or implied
Individuals with common authority may consent to a search and…
judged by objective reasonableness and can only extend to con…
Consent Search
judged by voluntariness
Voluntary
not the product of duress, coercion, express or implied
12 terms
CrimPro--Warrants
Warrant Basic Definition:
Affirmation or Oath
Basic Overview of the Warrant Requirem…
PC for an Arrest Warrant
Is a writ of authority, which allows law enforcement to take…
A SWORN statement by a police officer to the best of their ab…
Warrants MUST have:... (1) PC... (2) Oath or Affirmation... (3) Neutra…
(1) Exists when the facts and circumstances within the office…
Warrant Basic Definition:
Is a writ of authority, which allows law enforcement to take…
Affirmation or Oath
A SWORN statement by a police officer to the best of their ab…
12 terms
Unit 5 Lecture 20 Arrests, Questioning, and Imprisonment
Arrests ("seizures")
Searches.
Warrant
Mapp v . Ohio 1961 (SC23)
May be conducted:... A. With a warrant issued upon "probable cau…
May be conducted:... A. With a warrant issued upon "probable cau…
1. Issued by a magistrate and the police my take an oath stat…
Exclusionary rule.... 1. Illegally-obtained evidence may not be…
Arrests ("seizures")
May be conducted:... A. With a warrant issued upon "probable cau…
Searches.
May be conducted:... A. With a warrant issued upon "probable cau…
Law- arrests and pretrial
Arrest
Arrest with a warrant
Arrest without a warrant
The 4th Amendment
considered a seizure under the Constitution and therefore it…
a court order mandating that the person named be taken into c…
probable cause- a person is arrested by "reasonable belief" t…
the right of citizens to be free from unwarranted spying, sea…
Arrest
considered a seizure under the Constitution and therefore it…
Arrest with a warrant
a court order mandating that the person named be taken into c…
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