Arrest Search and Seizure Final Deck

Question 1

Graham v Connor

Answer 1

Established Objective reasonableness with use of force.
- Objective reasonable standard
- Based on training and experience of officer
- Creates Graham factors

Question 2

What are the Graham Factors

Answer 2

• What crime has been or is being committed
• Is the individual a threat?
• Is the individual attempting to flee arrest?
  Are they actively or passively resisting?

Question 3

Two ways an arrest can be completed

Answer 3

1. The individual submits to the control of the arresting officer who has indicated his intention to arrest.
2. The arresting officer, with intent to make an arrest, takes a person into custody by the use of physical force.

Question 4

Steps to Arrest with a Warrant

Question 5

Other Types of Criminal Process

Answer 5

• Criminal Summons
  -Magistrates Order
• Order for Arrest
• Citation

Question 6

Criminal Summons

Answer 6

• Charges a crime and orders the defendant to appear in court.
• You DO NOT ARREST.
• Issued by Magistrate
  Only issued for an infraction or misdemeanor

Question 7

Magistrates Order

Answer 7

• Issued by the magistrate after a warrantless arrest.
• Charges a crime and states the magistrate found probable cause existed to make the warrantless arrest.

Question 8

Order for Arrest

Answer 8

• Issued by a judicial official directing that the person be taken into custody.
• Usually for failing to abide by a court order.

Question 9

Citation

Answer 9

A directive issued by a LEO that a person appear in court to answer a misdemeanor or infraction charge.

Question 10

Entering Private Premises to make an arrest

Answer 10

An officer may enter the defendant’s private premises to make an arrest when he or she:
a) has the original warrant for arrest or order for arrest in their possession
b) Has reasonable cause to believe the person to be arrested is present.

C) Gives, or makes a reasonable effort to give, notice of his authority and purpose to an occupant of the premises to be entered.

Question 11

When can an officer use force to enter the premises or vehicle of private premises?

Answer 11

If he reasonably believes that admittance is being denied or unreasonably delayed, or where he is not required to give notice of his authority and purpose when he has reasonable cause to believe that providing such notice would present a clear danger to human life.

Question 12

Search Warrant Exceptions

Answer 12

• Open Fields
• Abandoned Property (real and personal property)
  -Garbage
• Plain View
• Vehicle Exception
• Exigent Circumstances

Question 13

What two factors justify an exigent circumstance?

Answer 13

• Probable cause that a crime has occurred to search
• A likelihood that absent immediate action officers could be endangered or evidence could either be destroyed or removed from the jurisdiction