Ch:7 Flashcards
encounters & detentions
3 types of contact w/police
encounter- considered consensual & voluntary
temporary detentions- cant leave, officer must articulate,
arrest
arrest
taking person in custody authorized by law by police/private person restraint/submission person can ask for assistance
peace officers
designated- sheriffs, police, marshal, constable, da,
requirements- wear badge, name plate, power in other jurisdictions are by agreements, 24 hr peace officers, can carry conceal weapon w/in state,
arrests by peace officers
arrest in home- warrent, consent, exigent circumstances,
power to arrest- warrent, reasonable cause person committed felony/misd,
arrest w/o warrent- take suspect b4 judge, misd 24 hrs felony 48 hrs,
arrest by officer/private person the same except
felony must be committed when citizen makes arrests
misd citations
cant cite if domestic violence/individual requests judge,
citation called a summons
reasons for non release- too drunk, need medical attention, failure to sign citation, outstanding warrants, no valid id, offense can cont.
probable cause
search and seizures must be based on probable cause
factors- suspects activities, attempts to comceal, location & time, prior criminal record, recent crime reports,
entrapment
test whether the idea for crime originated in the mind of suspect/peace officer,
accomplishing the arrest
must inform person of intent to arrest, cause & authority,
cant resist, delay, obstruct public official, peace officer, emt from making arrest,
miranda requirements
b4 miranda- custody & interrogation
waiver must be knowing & voluntary
arrest pursuant to a warrant
requirements- written order, signed by judge, directs peace officer to arrest,
nighttime service- felony served anytime/anyday, misd 6am-10pm,
arrested person right
3 phone calls in 3 hrs