Arrest Warrants Flashcards
An ______ authorizes police to enter the premises where a suspect lives, for the limited purpose of taking him into custody, when police have reason to believe the suspect is inside.
arrest warrant
________, which is an objective inquiry, is required for an arrest warrant, and the subjective motive of the officer seeking the warrant is irrelevant.
Probable cause
An arrest warrant may be issued either_____ or ______a criminal complaint has been filed.
before,after
A summons tells the defendant when and where to show up for booking and is in substantially the same form as an ________.
arrest warrant
–arrest warrants obtained before a complaint has been filed
“Ramey” warrants
After the suspect named in the “Ramey” warrant has been arrested, a criminal complaint must be filed pursuant to Penal Code section ____.
849
if the officer obtains a pre-complaint “Ramey” warrant, the burden is shifted to the _______to prove that the warrant was inadequate.
defendant
Furthermore, because of the Leon ______ exception (see Ch. 6-II-C), use of a pre-complaint “Ramey” warrant may also preclude the defense from being able to attack the adequacy of probable cause.
“good faith”
Obtaining a ___________warrant can save a significant amount of court time. For example, the few hours it may take to prepare such a warrant may save the many hours required to defend suppression motions and other challenges to warrantless arrests.
pre-complaint “Ramey”
If a pre-complaint “Ramey” warrant is used, it is less likely that the defense will be able to discover the identity of a __________.
confidential informant
Obtaining a pre-complaint “Ramey” warrant helps persuade other _______to look for the person named in the warrant.
jurisdictions
This means that, unlike the filing of a complaint, the ______Amendment right to counsel does not attach upon the issuance of a “Ramey” warrant.
Sixth
the probable cause to arrest set forth in apre-complaint “Ramey” warrant remains valid for as long as it would in a “regular,” post-complaint warrant, which is pretty much ________.
indefinitely
Obtaining a pre-complaint “Ramey” warrant prior to arrest sets up the case for further _______.
warrants
A pre-complaint “Ramey” warrant can specify the amount of ______.
bail
an arrest warrant can be attacked for “errors and omissions” in the same manner as a ________ .
search warrant
If you had an arrest warrant that a court later ruled was invalid for some reason, the arrest itself would still be good as long as __________.
(1) it was made outside the residence, and (2) it was supported by probable cause.
Penal Code section 964 now requires that information included in all documents submitted to any court, including documents supporting an arrest or search warrant, not disclose a ______or _______ confidential personal information.
victim’s, witness’
As a general rule, unless the person is on parole or searchable probation, or you have consent or exigent circumstances, you must have an _________ in order to arrest someone inside his home
arrest warrant
If the person you seek to arrest is to be found at someone else’s house, you will need a ________(for the suspect’s person) unless one of the exceptions, such as consent or exigent circumstances, applies.
search warrant
A consent will be considered “coerced” (involuntary) if you lie about your __________for entering
truepurpose
If ___________arises only after you are already lawfully inside asking questions or investigating, you may make the arrest without first leaving to obtain an arrest warrant.
probable cause to arrest
