Law of Arrest

Question 1

WHen does an arrest occur

Answer 1

• whenever the police take someone into custody against her will for prosecution or interrogation
• a de facto arrest occurs when police compel someone to come to the station for questioning or finger printing

Question 2

Standard of proof for arrest

Answer 2

probable cause

Question 3

What causes permits custodial arrest

Answer 3

all offense including those punisable by monetary fine only

Question 4

When do you need arrest warrant

Answer 4

• Do not need one to arrest someone in a public place
  
  • warrantless okay when they have reasonable belief that somone has committed a felony
  • warantless okay for misdemenaors committed in presence of offocier
• need warrant to arrest someone in their home absent an emergency
• home of a 3P; arrest warrant and a search warrant

Question 5

Common Enterprise Theory

Answer 5

traffic stop where officer find evidence of a crime that suggests a common unlawful evidence between driver and passengers, may arrest any or all of them based on reasonable inference of shared dominion and control voer contraband.