Arrests

Question 1

What is an Arrest?

Answer 1

Occurs when police take a person into custody against her will for purposes of criminal prosecution or interrogation

Question 2

Probable Cause Requirement for Arrests:

Answer 2

An Arrest must be based on probable cause

Question 3

When is Probable Cause to arrest present?

Answer 3

When, at the time of the arrest, the officer has within her knowledge reasonably trustworthy facts and circumstances sufficient to warrant a reasonably prudent person to believe that the suspect has committed or is committing a crime for which arrest is authorized by law

Question 4

When is a Warrant to Arrest generally NOT required?

Answer 4

Police generally need not obtain a warrant before arresting in a PUBLIC PLACE, even if they have time to get a warrant

Question 5

What is a Warrant to Arrest generally ALWAYS required?

Answer 5

Home arrests require a warrant

Police must have an arrest warrant to effect a nonemergency arrest of an individual in her own home

The officer’s executing the warrant may enter the suspects home only if there is reason to believe the suspect is within it