Issues related to Arrest

Question 1

Is hearsay admissible after a hearing for an arrest warrant?

Answer 1

Yes

Question 2

What are the contents of an arrest warrant?

Answer 2

Offense charged with reasonable certainty

name or describe the accused

directed to appropriate officers

command the person to be arrested and brought before the court

signed by the magistrate

Question 3

When may officer arrest someone generally?

Answer 3

When they have committed a crime in their presence or they reasonably suspect a crime has been committed

Question 4

When can officer arrest for a misdemeanor not committed in their presence

Answer 4

officer receives a call or radio message that a warrant for the offense is on file

Question 5

Is arrest authorized for violations ordinances and minor misdemeanors?

Answer 5

No, officer issues a summons

Question 6

When can officer make warrantless arrest for assault and battery not committed in their presence?

Answer 6

With probable cause upon reasonable complaint of eyewitness

Question 7

If arrest is made based on a mistake of law, how should the officer be judged?

Answer 7

If officer acted in good faith and believed of validity of the arrest

Question 8

Can officer make arrests in hospital without a warrant?

Answer 8

Yes if person involved in auto accident if they have reasonable grounds to believe crime

Question 9

What are statutory exceptions for warrantless misdemeanor arrests?

Answer 9

motor vehicle accident

shoplifting with probable cause on complaint about eyewitness

when phone or radio that a warrant is on file

police receive electronic message describing suspect and that he will flee commonwealth

assault and battery against family member

correctional officer prison escapee