Arrests Flashcards
What is an arrest?
Taking or keeping of a person in custody by legal authority; Involves authority, assertion, and restraint
What is the constitutional standard that governs an arrest?
4th amendment
What are the jurisdictional requirements for an arrest?
City and county police have jurisdiction within 3 miles of corporate limits; adjacent counties,
What is the relationship between “probable cause” and arrest?
Crime has been committed, the person being arrested probably did it
What are the warrant requirements for a felony
Required for non consensual entry into residence to make arrest; probable cause is needed
What are the warrant requirements for a misdemeanor?
Required to make arrest in all misdemeanor cases unless committed in officer’s view
What are the requirements for a warrantless arrest?
Felony: probable cause in a public place
What are some exceptions to the warrant requirement?
Hot pursuit and exigent circumstances
Appropriate charging document
Arrests 4 traffic offenses; misdemeanor committed in officers presence; also known as uniform traffic ticket
What are the use-of-force limitation?
Force must be reasonable and necessary to overcome all resistance
How does an illegal arrest affect a conviction?
4th amendment violation; defendant must show the violation deprived them of a fair trial
When is the right time to collect DNA?
During booking procedures;
