Arrest Flashcards
When does an arrest occur?
When the police take a person into CUSTODY for prosecution or interrogation purposes, or when police COMPEL someone to come to the station for questioning or fingerprinting.
What is the standard for arrest?
Probable cause
Can police arrest someone for an offense with only a monetary penalty?
Yes - police can arrest you for any crime if they have probable cause.
Do officers need an arrest warrant to arrest someone in a public place?
No.
Felony - any warrantless arrest when probable cause to believe arrestee has committed a felony.
Misdemeanor - warrantless arrest okay for any misdemeanor committed in officers’ presence.
Do officers need an arrest warrant to arrest someone in their home?
Yes, unless hot pursuit.
What warrant(s) are required for officers to arrest someone in the home of another?
Both an arrest and search warrant.
What is the common enterprise theory?
in a traffic stop - when an officer finds evidence of crime that suggests a common/unlawful enterprise between driver and passengers (like drug trafficking) - officer can arrest everyone in the car - if based on reasonable inference of shared dominion and control over the contraband.
