Chapter 6 notes pt. 2

Question 1

what is an arrest?

Answer 1

to take into custody a person suspected of criminal activity.

Question 2

what are the differences between a stop and arrest, in terms of justification?

Answer 2

a stop only requires a reasonable suspicion

an arrest requires probable cause

Question 3

what are the differences between a stop and arrest, in terms of warrants?

Answer 3

a stop does not require a warrant.

some, but not all, arrests require a warrant

Question 4

what are the differences between a stop and arrest, in terms of the intent of officer?

Answer 4

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

Question 5

what are the differences between a stop and arrest, in searches?

Answer 5

in a stop, officers may frisk or “pat down” for weapons.

in an arrest, officers may conduct a full search for weapons or evidence.

Question 6

what are the differences between a stop and arrest, in scope of search?

Answer 6

stops are limited to outer clothing

arrests are limited to an area within the suspect’s immediate control or “reach”

Question 7

What are the four elements that must be present for an arrest to take place?

Answer 7

1. the intent to arrest
2. the authority to arrest
3. seizures or detention
4. the understanding of the person that she or he has been arrested

Question 8

In situations when the intent of an officer is unclear, courts rely on the perception of the _________.

Answer 8

arrestee

Question 9

______ _____ give police officers the authority to place citizens under custodial arrest, or take them into custody.

Answer 9

state laws

Question 10

state laws give police officers the authority to place citizens under ________ ______, or take them into custody.

Answer 10

custodial arrest

Question 11

true or false: authorization to arrest is consistent among the fifty states

Answer 11

false; authorization to arrest varies among the fifty states

Question 12

what three things can make a person unable to understand that they are being arrested?

Answer 12

1. intoxicated
2. insane
3. unconscious

Question 13

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

Answer 13

arrest warrant

Question 14

what must a police officer do before entering dwelling?

Answer 14

they must knock and announce their identity and purpose

Question 15

under certain conditions, _________ _________, law enforcement officers ned not announce themselves.

Answer 15

exigent circumstances

Question 16

what are situations in which officers do not have to follow regulations when it comes to entering a swelling?

Answer 16

1. the suspect is armed and poses a strong threat of violence tot he officers or others inside the dwelling
2. persons inside the dwelling are in the process of destroying evidence or escaping because of the presence of the police
3. a felony is being committed at the time the officers enter

Question 17

how long is the waiting period for law enforcement for entering a dwelling?

Answer 17

15-20 seconds

Question 18

true or false: are arrest warrants always required.

Answer 18

false

Question 19

true or false: most arrests are made on the scene without a warrant

Answer 19

true

Question 20

when can an officer make a warrantless arrest?

Answer 20

1. the offense is committed in the presence of the officer
2. the officer as knowledge that a crime has been committed and probable cause to believe the crime was committed by a particular suspect

Question 21

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.

Answer 21

probable cause

Question 22

How does law enforcement handle warrantless arrests when it comes to misdemeanors?

Answer 22

the crime must have been committed in the presence of the officer for a warrantless arrest to be valid

Question 23

an arrest occurs when a law enforcement agent takes a suspect into ____________ on a criminal charge

Answer 23

custody

Question 24

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.

Answer 24

warrant

Question 25

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.

Answer 25

warrantless

probable cause