4.102 Arrests Without Warrants Flashcards
Exists when the facts and circumstances known to the officer would warrant a reasonable person to believe a crime had been committed and that the accused had committed it.
Probable cause
An arrest is defined as a show of authority by an officer, in words or actions or both, which would cause a reasonable person to think that they were being deprived of their liberty more than temporarily (i.e., more than an investigative detention), and involves either;
a. Submission by the subject to the officer’s show of authority, or
b. An actual physical touching which places the subject under the control of the officer
Regarding Miranda Warning, which additional question is included when speaking with juveniles:
Do you wish a parent or guardian to be present?
An officer will make an arrest without a warrant when probable cause exists for which of the following
a. All felony and misdemeanor battery acts constituting domestic violence
b. DUI
c. Felony hit and run
d. Homicide by vehicle
e. Protective order violations
The arresting officer will inform the suspect that they are under arrest and name of the criminal offense or cause for arrest. True or False ?
True
**NRS states that the officer has discretion to arrest, cite, or give an advisement when there is probable cause to believe a battery was committed within the preceding 7 days upon (select all that apply):
a. A person with whom the suspect is residing
b. A sibling by blood or marriage (if the person is not the custodian or guardian of the sibling)
c. A cousin (if the person is not the custodian or guardian of the cousin)
Regarding the release of arrested persons, an officer will immediately release from custody any person they arrested without a warrant if the officer becomes aware that there is insufficient probable cause for proceeding with an arrest against the person. A released person will be deemed:
Not to have been arrested but only detained
Regarding the release of property of an arrestee to a third party, the officer will request the presence of a supervisor for currency being released valuing:
Over $100
Regarding the release of property of an arrestee to a third party, the officer will request the presence of a supervisor for non-currency property being released valuing over:
Over $250
An arrestee may choose to release their personal property to an on-scene third party before being transported to jail. If so, officers are not permitted to routinely search the released property unless they obtain the arrestee’s consent or there is an articulated and compelling need. A compelling need includes which of the following:
a. Third-party may become armed and dangerous
b. Police are unable to identify the arrestee and the property may contain their identification
c. The property contains needed medications
