Arrest

Question 1

Define arrest

Answer 1

The taking or keeping of a person in custody by legal authority

Question 2

Identify the constitutional standard for an arrest

Answer 2

The right of the people to be secured in their persons, house, papers and effects against unreasonable searches and seizures.

Question 3

Identify jurisdiction requirements for an arrest

Answer 3

Municipal- 3 miles of corporate limits
County- within the adjacent county
State- State has state authority

Question 4

Identify the relationship of “probable cause” to arrest

Answer 4

A crime has been committed

There person to be arrested “probably” committed it

Question 5

Identify the requirements for a warrant in felony and misdemeanor offenses

Answer 5

Felony- A warrant is required for a non consensual entry

Misdemeanor- warrant is required for arrest except when the crime was committed in front of the officer

Question 6

Identify the requirements for a warrantless arrest and expectations to the warrant requirement

Answer 6

Search incident to a lawful arrest
hot pursuit
stop and frisk
automobile 
plain view

Question 7

Exigent circumstances

Answer 7

Shortly after the commission of a crime, and easily observed evidence strongly indicates the crime was freshly committed, the officer can make the arrest

Question 8

Charging documents

Answer 8

When an arrest is made first without a warrant you must get a charging document

Question 9

Appropriate charges on a UTT

Answer 9

Arrest for traffic offense
Public disorderly conduct
Misdemeanor committed in the officers presence

Question 10

Use of force

Answer 10

A person to be arrested should be aware of the identity and intent of the arresting officer

Question 11

Exclusionary rule/ illegal arrest

Answer 11

An illegal arrest is a violation of the 4th amendment