Directive 5.22 Arrest Warrants, Flashcards

1
Q

According to Directive 5.22 Arrest Warrants, The endorsed Affidavit of Probable Cause will serve as the actual arrest warrant True or False

A

False : The Affidavit of probable cause 75-573 is NOT the actual Warrant , The Warrant of Arrest form 30-155 is the formal warrant

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2
Q

According to Directive 5.22 Arrest Warrants, Some Factors that courts consider in determining whether exigent circumstances exist ?

A
  1. The manner of entry
  2. The likelihood that the suspect will escape or is
    about to flee
  3. During a Hot Pursuit of a suspect who flees into a
    building.
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3
Q

According to Directive 5.22 Arrest Warrants, when execution of Arrest Warrant , A wrong location dose not exist when ?

A

all factors indicate correct warrant service at the premises described in the warrant was accomplished. ( Simply because the warrant service produced negative results, dose not indicate a wrong location.

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4
Q

According to Directive 5.22 Arrest Warrants,Police Will Provide a copy of the arrest warrant to the defendant at any the time of the arrest True or False ?

A

FALSE: Police Personnel WILL NOT provide a copy of the warrant to the defendant at anytime.

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5
Q

According to Directive 5.22 Arrest Warrants, Fax the completed forms to the DACU for approval or disapproval and initial the forms. They will then be faxed back to officer / investigator. True or False

A

True

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6
Q

According to Directive 5.22 Arrest Warrants, Probable cause to believe that the subject of arrest warrant is present at the time the search is conducted is required . True or False

A

True , This requirement holds each and every time the warrant is served.
example : A warrant is served for a second or subsequent time requires the existence of probable cause to believe the subject is present at the said location each time

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7
Q

According to Directive 5.22 Arrest Warrants, Execution of Arrest warrant….. In order to be excluded from the 180 day limit , It is necessary that the officer/ Investigator establish Due Diligence in all attempts. In no case should warrant service be initiated without this investigative process if the elapsed time period is longer than _______?

A

30 days

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8
Q

According to Directive 5.22 Arrest Warrants, Execution of Arrest Warrants, When an arrest warrant is obtained for any offense, the ______? limit begins to run requiring a prompt trial ( rule 1100 PA. R . Crim.p)

A

180 day rule

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9
Q

According to Directive 5.22 Arrest Warrants, ________? the existence of facts and circumstances that would justify persons of reasonable caution to believe: that an offense has been or is being committed.

A

Probable cause

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10
Q

According to Directive 5.22 Arrest Warrants, When an arrest warrant obtained in Philadelphia is served outside the City ,But within the Commonwealth , the defendant must be taken to the proper issuing authority in judicial district of arrest True or False

A

TRUE

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11
Q

According to Directive 5.22 Arrest Warrants, An arrest warrant Only is required to enter any residence other than the defendants in order to search for and arrest the defendant True or False ?

A

False : an Arrest warrant and a search warrant are required in order to search for the defendant.

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12
Q

According to Directive 5.22 Arrest Warrants, Prior to obtaining the Arrest warrant, Area of investigation should include , but not limited to BMV checks , Voter Registration, Welfare records , Employment records. These inquires should be contained in the file because they supplement the ________ ? Requirement

A

Due Diligence

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13
Q

According to Directive 5.22 Arrest Warrants, Warrantless arrest and searches are permitted where ________exits

A

Exigent Circumstances

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14
Q

According to Directive 5.22 Arrest Warrants, When dose an Arrest Warrant expire ?

A

It dose not expire unless Due Diligence is not met

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15
Q

According to Directive 5.22 Arrest Warrants, An Arrest warrant is necessary before an individual may be arrested in his or her place of residence

A

True

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16
Q

According to Directive 5.22 Arrest Warrants, Execution of Arrest warrant , An arrest warrant and Search warrant are required to enter any residence whether owned by the defendant or not , if the purpose of the police entry are to arrest the suspect and search for evidence ?

A

true

17
Q

According to Directive 5.22 Arrest Warrants, ________? frequent and thorough attempts to apprehend a defendant named in an arrest warrant ?

A

Due Diligence

18
Q

According to Directive 5.22 Arrest Warrants, The Utilization of the SWAT Unit should be considered when ?

A
  1. Barricaded premise
  2. History of weapons assault
  3. Reason to believe suspect will use weapons against
    law enforcement.
19
Q

According to Directive 5.22 Arrest Warrants, to obtain an arrest warrant , sworn personnel MUST ?

A
  1. Consult with the highest ranking supervisor
  2. Prepare the 75-572 affidavit
  3. Have thoroughly investigated a complaint
20
Q

According to Directive 5.22 Arrest Warrants, No arrest warrant shall be issued but upon probable cause supported by one or more affidavits to the issuing authority. information not included on the Affidavit should be provided to the bail Commissioner orally. True or False ?

A

False : Supplementing an arrest warrant orally at the time it is sighed by a judge or bail commissioner is not acceptable

21
Q

According to Directive 5.22 Arrest Warrants, an arrest warrant allows investigators to search for the defendant , as well as search the house for evidence True or false

A

FALSE: you need a search warrant to search the home

22
Q

According to Directive 5.22 Arrest Warrants, Obtaining a warrant . When additional space id needed you must ?

A

Use a continuation Report 75-52