Chapter 4: Law of Arrest

Question 1

It is the command of the _____ Amendment that no warrants shall either for searches or arrest be issued except for _____ _____.

Answer 1

4th, probable cause (Henry v US 1959)

Question 2

What are three elements of an arrest?

Answer 2

1. Intent. intent of officer to take the person into custody
2. Authority. real or assumed authority of the arresting officer
3. Custody. person arrested must come within custody and control of the law

Question 3

In Michigan v Chesternut (1988), SCOTUS said that police can be said to have seized an individual “only if, in view of the circumstances surrounding the incident, a reasonable person would have believed..” what?

Answer 3

he was not free to leave

Question 4

What are seven requirements of a valid arrest warrant?

Answer 4

1. supported by probable cause
2. supported by oath or affirmation
3. person to be seized must be particularly described
4. state nature of offense
5. must designate officer or class of officers directed to comply
6. must be named in US or a particular State
7. must be issued and signed by a neutral and detached judge

Question 5

Illinois v Gates in 1983 established the “_____ __ __ _____” approach for a magistrate to issue a warrant. In this case, the Supreme Court abandons the Aguilar–Spinelli test.

Answer 5

totality of the circumstances

Question 6

What are six requirements relating to the execution of an arrest warrant?

Answer 6

1. must be specifically named or come within the class designated in the warrant
2. must be executed within jurisdictional limits
3. arresting officer should make his purpose known
4. must show warrant or advise arrestee of the warrant
5. must have reason to believe the suspect is present in the home
6. absent exigent circumstances, an arrest warrant cannot be executed in the home of a 3rd party

Question 7

A warrant issued in one state may serve ______ as a basis for an arrest in another state.

Answer 7

indirectly

Question 8

An out-of-state warrant may serve as the basis for for issuing a _____ warrant in another state.

Answer 8

fugitive

Question 9

In _____ v _____, a federal court commented that an arrest warrant founded on PC implicitly carries with it the limited authority to enter the dwelling in which the suspect lives when there is reason to believe that the suspect is within.

Answer 9

Smith v Tolley (1997)

Question 10

In _____ v _____, SCOTUS held that absent exigent circumstances or consent, police may not enter the home of a suspect or a 3rd party to make a routine felony arrest without an arrest warrant.

Answer 10

Payton v New York (1980)

Question 11

In Minnesota v Olson (1990), SCOTUS observed that what elements can constitute exigent circumstances for warrantless intrusion?

Answer 11

1. hot pursuit of a fleeing felon
2. imminent destruction of evidence or prevent a suspect’s escape
3. risk of danger to police or others inside or outside of building

Question 12

In 1991, in County of Riverside v McLaughlin, SCOTUS determined that a probable cause hearing must be held within ___ hours of the arrest.

Answer 12

48 hours

Question 13

A PC determination may be delayed past 48 hours, but burden is upon the government to show what?

Answer 13

emergency or extraordinary circumstances existed

Question 14

Many states have adopted the _____ _____ _____ ___ permitting LEOs from other states to enter their state in fresh pursuit to make an arrest.

Answer 14

Uniform Fresh Pursuit Act

Question 15

Officers may not enter the home of a third party to serve an arrest warrant unless one of three conditions exist. What are those conditions?

Answer 15

1. search warrant
2. consent
3. exigent circumstances