502 WARRANTLESS ARREST, SEARCHES, AND SEIZURES Flashcards
An officer makes a warrantless arrest only if he has enough ____________ or ____________ to constitute probable cause upon which an arrest warrant could be issued, if time permitted.
personal knowledge
/
reliable information
Where an arrest may be lawfully made without a warrant, an officer making an arrest is justified in adopting all
the measures which he might adopt in cases of an arrest under a warrant, except the officer making the arrest
without a warrant may not enter a residence to make the arrest unless:
a. A person who resides in the residence consents to the entry; or
b. Exigent circumstances require the officer making the arrest enter the residence without the consent of a
resident or without a warrant.
To establish probable cause, the officer does not need the amount of evidence required to prove beyond a reasonable
doubt a person is guilty of committing an offense. Only that amount of evidence which ________ a particular person ____ or ____ committed an offense is required.
reasonably shows
/
probably
/
most likely
Probable cause to arrest exists when an officer has reason to believe, through ________ or ________; a person has committed an offense.
personal knowledge
/
reliable information
When ________ is required, an officer may make an arrest even though he is unable to determine the particular offense which has been committed. There may be a difference in the reason for arrest and the charge to be filed. An officer is not required to know all the legal matters involved in determining with which offenses the
offender is to be charged.
immediate action
Under certain circumstances in misdemeanor cases, for good cause consistent with public interest, an officer may decide not to arrest even though probable cause exists. Factors which the officer may properly consider in
determining not to arrest are as follows.
- The victim must positively state he is not interested in prosecuting the offender because… (a-d)
- The offender can be released to the custody of another agency which specializes in handling the type of case in
which he is involved (i.e., Armed Forces Police). - The arrest would result in greater harm to the victim than would non-arrest.
When the offense is a felony and circumstances outlined in Subsection .06A of this procedure exist, the officer has
the victim and the offender accompany him to Headquarters to contact the investigative unit normally assigned to investigate the particular offense. The investigative unit ____ determines whether the offender is booked or released. If the offender is released, SAPD Form #29, Complaint Waiver, is signed by the victim and approved by the ________.
supervisor
/
investigative unit supervisor
An officer obtains an arrest warrant when the offender is committing a ________ and the facts establishing probable cause are known to the officer over a period of time. In all cases where an officer has knowledge of a
continuing offense, a warrant of arrest is obtained.
continuing offense
An officer obtains a warrant for a ____ or ________ committed out of his presence or view whenever he has reasonable time and opportunity to procure one. Such action is unnecessary when obtaining a warrant would result in:
1. The loss or destruction of evidence;
2. The escape of the offender; or
3. Bodily injury to the officer or others.
felony
/
breach of the peace
An officer obtains a warrant for a felony or breach of the peace committed out of his presence or view whenever he has reasonable time and opportunity to procure one. Such action is unnecessary when obtaining a warrant would
result in:
- The loss or destruction of evidence;
- The escape of the offender; or
- Bodily injury to the officer or others.
Officers shall, under normal circumstances, inform persons about to be arrested of the following:
- The officer’s intention to take the person into custody;
- The reason for the arrest;
- The authority for the arrest; and
- The person’s rights as per the Miranda Warning.
When an arrest situation makes it impractical to inform a person of an impending arrest, officers are not required to provide arrest information. Situations where it would be impractical or unnecessary to provide arrest information
include:
- When the person is in the act of committing the offense;
- When the person is fleeing from the scene of the crime;
- When the officer or others would be endangered; or
- When the arrest would be imperiled.
When not in uniform, an officer displays his identification and identifies himself as a police officer as soon as ________.
the situation permits
A vehicle stopped on public property by a peace officer may be searched without a warrant if the peace officer has probable cause to believe the vehicle contains ________.
The items ________ must be items connected with criminal activity.
The officer’s determination of probable cause must be based on ____ that could justify the issuance of a search warrant by a judge or magistrate.
items subject to seizure
/
subject to seizure
/
objective facts
An inventory search of an impounded or seized vehicle may be conducted without a warrant in accordance with GM Procedure 607, Impounding Vehicles. The inventory search is an ________ intended to inventory and secures the contents in a vehicle.
administrative procedure
If criminal evidence, contraband, or other property subject to seizure is discovered during the inventory of a vehicle, there must be a ________ for the inventory for the property to be admissible in court.
valid administrative reason
If the property or items are in a place the officer cannot legally enter without a warrant or consent, the property
or items cannot be seized without a warrant unless there is danger of ____ destruction or removal of the property.
imminent
