320.10: Legal Process Flashcards
True or False: Sworn Department Officers are authorized to execute search warrants anywhere in RI with the authorization of the OIC?
True
When making an arrest, an Officer must announce they are a PO and do what else?
either show the warrant to the suspect or;
inform suspect of the charges
Who can sign arrest warrants as complainants?
Lieutenants or Higher and members of CID
It is preferable that warrants be obtained prior to making an arrest, when time and circumstances permit. When can Officers make warrant-less arrests:
- Felony Arrests
- Misdemeanors where Officer believes suspect cannot be arrested later or may cause injury to himself or others, or damage or loss of property if not immediately arrested
- Domestic 24 hour rule
- State law violations where there is a need to establish positive identification (cannot detain for more than 2 hours in order to establish ID)
When can an Officer make a custodial arrest for a City Ordinance Violation?
only those ordinances which carry a potential jail sentence
When can an Officer enter a suspects home without legal consent or an arrest warrant to make an arrest?
if there is a threat posed by the suspect to the lives and safety of the public, the police or to the suspect
When can an Officer enter the residence of a third person without consent of that person or without a search warrant to make an arrest or search that residence for the suspect?
if there is a threat posed by the suspect to the lives and safety of the public, the police or to the suspect
If an Officer has information that a suspect is in another state and the AG authorizes extradition, what procedure is to be followed?
1 Notify agency with jurisdiction
- Send message via NLETS stating crime for which suspect is wanted and confirming extradition
- If located, the fugitive will be brought before the proper court i which the jurisdiction they were found
What happens when a fugitive waives extradition?
Officers take the suspect into custody and return him to RI immediately
What happens if a suspect fights extradition?
- Notify RIAG Extradition Department
2. they will initiate extradition proceedings and prepare a Governors warrant
Search Incident to arrest is an ____________ to the warrant requirement
exception
For a search incident to arrest to be valid, what must be true?
- Arrest must be lawful
2. Search can only be made in the immediate area within the control of the person being arrested
Why is a search incident to an arrest permitted?
- Protect the arresting officers and others
- prevent escape or suicide
- seize contraband or evidence of crime
- prevent destruction of evidence
- provide inventory of those items on the person or in his/her possession at time of arrest
Can everything on an actual person be searched as a result of a search incident to arrest?
Yes, including purses, suitcases, etc.
What are the rules when searching the passenger compartment of a motor vehicle as a result of search incident to arrest when the suspect was inside the vehicle?
- Arrestee is within reaching distance of vehicle
2. Its reasonable to believe offense related evidence might be found in vehicle
What parts of the vehicle can be searched as a result of a search incident to arrest?
passenger compartment only
Can a locked container in the passenger compartment be searched as a result of search incident to arrest?
No, only open or closed but unlocked containers can be searched
Can a trunk or engine compartment be searched based solely on search incident to arrest?
no
If probable cause exists that there is contraband or evidence of a crime in a vehicle not related to the crime for which the arrestee was arrested, can an officer conduct a search based on that PC?
yes
Who can sign search warrants, according to this policy?
Lieutenants or higher
An member assigned to CID
What are the 4 types of items for which search warrants may be issued?
- Fruits of crime
- Contraband
- Instruments of a crime
- Other evidence
What are the “Fruits of a crime?”
Material objects acquired by means or in consequence of the commission of the crime
What is “Contraband?”
Items kept, concealed or possessed in violation of the law or items kept for the purposes of violating the law
What are “Instruments of a Crime?”
Items, which will aid or have been used in the commission of a crime, such as weapons or burglary tools
