Chapter 7 Flashcards
Three options to charge an offender
Warrant
Arrest
Complaint
Definition of a felony
Anything punishable by state prison
Where can you seek and arrest warrant
Where you have jurisdiction, where the crime occured, or where the person can be found
How should a warrant application be submitted
In writing establishing Pc
Can you apply for an arrest warrant any other way?
Verbal and have it recorded by the court to be written down
Do you need to have a name for an arrest warrant
No - John Doe with a description will do - reasonable certainty
CL- checks warrants before shift and arrests, finds gun, figures out warrants were recalled
No good- should have confirmed
Where can you serve arrest warrants
Anywhere in the commonwealth
Do you need a paper copy of the warrant to serve it
No just actual knowledge
What time frame must warrants be served
Without reasonable delay
When does an arrest occur
When a person is taken into custody AND significantly deprived of their freedom - HAVE PC AT THE TIME OF ARREST
Two mandatory arrests
Violations of 209A and 258E
What is one main reason you shouldn’t make an arrest
To teach someone a lesson
May police delay an arrest after they have PC
Yes - delaying arrest when person will have more drugs - deciding to arrest after issuing a citation
What is the capture and release rule
You may have Pc to arrest someone and tell them to not do something or they’ll be arrested
