Arrest and Bail Flashcards
Who may issue an arrest warrant?
A judge, magistrate, or clerk.
What does the judge, magistrate, or clerk do before issuing an arrest warrant?
Examine the complainant and other witnesses under oath and thereafter determining that probable cause exists.
During a warrant determination examination, ________ evidence is admissible.
Hearsay.
What must the warrant of arrest do?
- Describe the offense charged with reasonable certainty
- Specifically name or describe the accused
- Be directed to the appropriate officers
- Command the person named be arrested and brought before the appropriate court, and
- Be signed by the magistrate.
What is the general rule regarding arrest without a warrant?
An officer may arrest any person who has committed any crime in his presence or whom the officer reasomably suspects has committed a crime not in his presence.
What is the rule regarding arrests for misdemeanors?
An officer may arrest for an alleged misdemeanor not committed in his presence when he receives a telephone or radio message that a warrant for such an offense is on file.
When is arrest not authorized?
Arrest is not authorized in most circumstances for violations of many ordinances and minor misdemeanors. Instead, the officer is to issue a summons.
What is the rule regarding assault and battery?
An officer may make a warrantess arrest for an assault and battery not committed in his presence when the arrest is based on probable cause upon the reasonable complaint of an eyewitness.
What is the rule when an officer arrests due to a mistake of law?
If conduct prompting an arrest occurs in the officer’s presence, an arrest resuting from mistake of law should be judged by whether the arresting officer acted in good faith and with a reasonable belief in the validity of the arrest.
What is the rule regarding arresting someone in a hospital?
At a hospital, police may arrest without a warrant if they have reasonable grunds to believe that a crime arising from the accident was committed by the arrestee.
What are the statutory exceptions to arrest warrant requirement for misdemeanors?
No warrant is needed to arrest or misdemeanors:
- Not committed in the precende of the police when motor vehicles are involved
- For shoplifting when the officer has probable cause based upon the complaint of an eyewitness
- When the officer receives a telephone or radio message that there is a warrant on file for the offensee
- When the police receive an electronic message that there describing a suspect and alleging such person would flee the jurisdiction of the commonwealth
- Where the police have reasonable grounds to believe that a person committed an assault and battery against a family or household member, or
- When made by a correctional officer relating to prisoner escape from a correctional institution.
What is the rule regarding arresting someone outside of the officer’s jurisdiction?
When in close pursuit, an officer may arrest a person outside the officer’s jurisdiction and return the accused if the arrest is made in an adjoining county or corporation.
What if the officer’s pursuit is not in an adjoining locality?
If the arrest is not in an adjoining locality, the offcer must bring the accused before a magistrate in the jurisdiction to have a warrant issued.
What is Virginia’s rule regarding allowing other officials to arrest within its boundaries?
Virginia extends the courtesy of allowing other state officials or the US to arrest in Virginia when in close pursuit, providing that the other state extends the same privilege to Virginia officers.
What is the rule regarding immediate disposition after arrest with a warrant?
If the accused was arrested with a warrant, she must be brought before the judicial official and the latter may proceed directly to trial if:
- the official is a judge of a district court having jurisdiction to try the accused
- the offense is a misdemeanor, and
- the accused consents and the Commonwealth does not object.
