6/006.01 Arrests without warrants Flashcards
How many warnings are present in Miranda warning?
4
An officer may make an arrest without a warrant for what? (6)
- Crimes (felony, gross misdemeanor, misdemeanor) committed in the officer’s presence
- Felonies and gross misdemeanors not committed in the officer’s presence where PC exists
- Any person an officer has PC to believe is about to commit a felony crime
- Juvenile misdemeanors not committed in the officer’s presence
- Traffic offenses delineated in NRS 484
- Domestic violence
The elements that must exist for an arrest to take place are what? (4)
- A show of authority by an officer in words or actions or both which
- Would cause a reasonable person to think they were being deprived of their liberty more than temporarily and either
- Submission by the subject to the officer’s show of authority OR
- An actual physical touching which places the suspect under the control of the officer
When making a warrantless arrest, the arresting officer will (7):
- Inform the suspect they are under arrest and names the charge
- Uses only the reasonable amount of force necessary to make the arrest or for protection of self or others
- Restrains the arrestee by handcuffing the hands behind the back, unless handicapped, obese, or other physical reasons exist
- Gives arrestee Miranda at time of arrest or as soon after as possible if interrogation is to follow
- Searches arrestee for weapons and instruments or fruits of the crime which are in his immediate control
- Protects and safeguards the arrestee and personal property
- Transports the arrestee to the appropriate detention facility
A legal stop does not automatically make a frisk legal, but _________ should be the officer’s first concern
-Safety
Every arrest by an officer involves either a ___________ or an actual use of force.
- Show of force
- Generally, the officer is the judge in each case of the force necessary to accomplish his mission
In making a lawful arrest, officers are entitled to use only the reasonable amount of force which is necessary to (5)
- Secure prisoners
- Overcome resistance
- Prevent escape
- Effect recapture
- Protect themselves from bodily harm
Detention shall be no longer than 60 minutes nor extend beyond ______________________ where the detention first effected - NRS 171.123
-The place or immediate vicinity
If an arrested person requests that all or part of their personal property be released to a third party, and the officer can safely accommodate the arrestee what are the steps? (4)
- All property must be documented on a property report
- Name, contact number, and signature of the third party should be noted in the circumstance section
- The officer must ensure the arrestee signs the owners signature portion of the report
- The officer will request a supervisor for cash being released over $100 and property over $250
When releasing an arrestee’s property to a third party, at what dollar amounts of cash or property will a supervisor’s presence at scene be requested?
- $100 cash
- $250 property
The supervisor signs the property report prior to the arrestee being transported to the appropriate correctional facility