Criminal Digest Flashcards
Define arrest
The taking, seizing, or detaining of the person of another by touching or putting hands on them, or by any act that indicates an intention to take them into custody and that subjects them to the actual control and will of the person making the arrest, or by the consent of the person being arrested.
When shall a citation be issued in lieu of an on view arrest?
A-any misdemeanor or local ordinance violation that does not carry the penalty of imprisonment.
B-any other misdemeanor or local ordinance violation not involving serious injury or an immediate health risk for which the maximum penalty of imprisonment is 90 days or less
The 3 conditions for a warrantless arrest for a misdemeanor that did NOT occur in police presence are? (not DV)
1 the person may not be apprehended
2 they may cause physical injury or damage property to another
3 they may tamper, dispose, or alter evidence
A police officer may arrest without a warrant in the case of DV if
The officer has PC to believe:
1 the suspect battered their spouse or cohabitant
2 there is evidence of physical injury and
3 unless they are apprehended immediately they may not be apprehended, may cause further injury or property damage, or may tamper with evidence.
Warrantless Arrest for stalking
Police officer may if:
1 officer has PC to believe stalking occurred
2 officer had credible evidence in addition to the 10-17’s complaint
3 officer believes the victim is in danger of imminent bodily harm or death.
