Law Of Arrest

Question 0

An arrest is not official until the individual being arrested does what?

Answer 0

Until they know they are not free to leave the presence of the officer

Question 1

What are the four basic elements which constitute an arrest?

Answer 1

1. A purpose or intention to affect the arrest
2. An actual or constructive seizure or detention of the person to be arrested
3. The communication by the arresting officer to the arrestee of his intention to place him under arrest
4. An understanding but the person to be arrested that he is been arrested

Question 2

When the facts and circumstances within a person’s knowledge and of which he has reasonable trustworthy information are sufficient to warrant a person of reasonable caution and prudence to believe that an offense has been committed or is being committed by a specific person

Answer 2

Probable cause

Question 3

If the warrant is proper on its face and the officer acted within the scope of his authority, the officer is protected from what?

Answer 3

Civil liability for false arrest

Question 4

An order by a court for the arrest of a person

Answer 4

A warrant

Question 5

Directs the defendant to appear before a court at a stated time and place

Answer 5

A summons

Question 6

An officer does not need to have a warrant to make an arrest as long as they have what?

Answer 6

Probable cause

Question 7

Private citizens may arrest any person who is committed an offense in their presence or for a _____ not committed in their presence

Answer 7

Felony

Question 8

A Private citizen can only justify an arrest made if it is shown that what?

Answer 8

The felony was actually committed by the person arrested