Chapter 6 notes pt. 2 Flashcards
what is an arrest?
to take into custody a person suspected of criminal activity.
what are the differences between a stop and arrest, in terms of justification?
a stop only requires a reasonable suspicion
an arrest requires probable cause
what are the differences between a stop and arrest, in terms of warrants?
a stop does not require a warrant.
some, but not all, arrests require a warrant
what are the differences between a stop and arrest, in terms of the intent of officer?
the intent of the officer, in stops, is to investigate suspicious activity
the intent of the officer, in arrests, is to make a formal charge against the suspect
what are the differences between a stop and arrest, in searches?
in a stop, officers may frisk or “pat down” for weapons.
in an arrest, officers may conduct a full search for weapons or evidence.
what are the differences between a stop and arrest, in scope of search?
stops are limited to outer clothing
arrests are limited to an area within the suspect’s immediate control or “reach”
What are the four elements that must be present for an arrest to take place?
- the intent to arrest
- the authority to arrest
- seizures or detention
- the understanding of the person that she or he has been arrested
In situations when the intent of an officer is unclear, courts rely on the perception of the _________.
arrestee
______ _____ give police officers the authority to place citizens under custodial arrest, or take them into custody.
state laws
state laws give police officers the authority to place citizens under ________ ______, or take them into custody.
custodial arrest
true or false: authorization to arrest is consistent among the fifty states
false; authorization to arrest varies among the fifty states
what three things can make a person unable to understand that they are being arrested?
- intoxicated
- insane
- unconscious
a written order, based on probable cause and issued by a judge or magistrate, commanding that the person named on the warrant be arrested by the police
arrest warrant
what must a police officer do before entering dwelling?
they must knock and announce their identity and purpose
under certain conditions, _________ _________, law enforcement officers ned not announce themselves.
exigent circumstances
what are situations in which officers do not have to follow regulations when it comes to entering a swelling?
- the suspect is armed and poses a strong threat of violence tot he officers or others inside the dwelling
- persons inside the dwelling are in the process of destroying evidence or escaping because of the presence of the police
- a felony is being committed at the time the officers enter
how long is the waiting period for law enforcement for entering a dwelling?
15-20 seconds
true or false: are arrest warrants always required.
false
true or false: most arrests are made on the scene without a warrant
true
when can an officer make a warrantless arrest?
- the offense is committed in the presence of the officer
- the officer as knowledge that a crime has been committed and probable cause to believe the crime was committed by a particular suspect
as a general rule, officers can make a warrantless arrest for a crime they didn’t see if they have _________ ________ to believe that a felony has been committed.
probable cause
How does law enforcement handle warrantless arrests when it comes to misdemeanors?
the crime must have been committed in the presence of the officer for a warrantless arrest to be valid
an arrest occurs when a law enforcement agent takes a suspect into ____________ on a criminal charge
custody
If the officer has prior knowledge of the suspect’s criminal activity, she or he must obtain a _________ from a judge or magistrate before making the arrest.
warrant
Officers can, however, make _________ arrests if an offense is committed in their presence or they have _________ _________ to believe that a crime was committed by a particular subject.
warrantless
probable cause
