Laws of Arrest

Question 1

Define the Seizure of a person

Answer 1

Only when the officer, by means of
physical force or show of authority, has in some
way restrained the liberty of a citizen may we
conclude that a ‘seizure’ has occurred

Question 2

Define a show of authority

Answer 2

It is not whether the citizen perceived that he was being ordered to restrict his movement, but whether the officer’s words and actions would have conveyed that to a reasonable person. California v. Hodari D, 499 U.S. 621 (1991)
Or that a reasonable person would perceive they were no longer free to discontinue the encounter. Florida v.
Bostick, 501 U.S. 429, 439 (1991).

Question 3

Define and differentiate an arrest

Answer 3

Taking a person into custody by authority of law.

Question 4

Define and differentiate reasonable suspicion

Answer 4

A standard of justification that an officer must satisfy prior to Investigative Detention. It is a
standard that is less than Probable Cause but more than mere suspicion.

Question 5

Define and differentiate probable cause

Answer 5

A set of facts and circumstances which would induce a reasonably intelligent and prudent person to
believe that an accused person had committed a specific crime or that property subject to seizure is in a designated
location.

Question 6

Define jurisdictional limitations in Wyoming

Answer 6

General rule is that your law authority is limited to your geographic or territorial jurisdiction.

Question 7

Define and differentiate a request for assistance from other exceptions to jurisdictional limitations in Wyoming

Answer 7

1. In response to a request for assistance from
   another law enforcement agency;
2. In response to a presently occurring crime
   involving the immediate threat of serious bodily injury
   or death;
3. While acting in “fresh pursuit.”

Question 8

Define and differentiate fresh pursuit

Answer 8

-The officer must be in pursuit of a fleeing criminal
attempting to avoid immediate capture.
-The statute does not necessarily limit itself to felonies,
which common law required.
-The pursuit must begin promptly and be maintained
continuously.

Question 9

Define and differentiate the limitations of arresting a person in constitutionally protected and unprotected areas without a valid arrest warrant

Answer 9

• Hot pursuit of a fleeing felon
• Imminent destruction of evidence in a felony case
  - Prevent a suspect’s escape in a felony case
  - If residence is surrounded, no exigency
• Eliminate the risk of danger to officers or other persons inside or outside of the dwelling
  - Fact that others are inside is not sufficient by itself

Question 10

Define and differentiate the constitutional and statutory preconditions for felony arrests in Wyoming

Answer 10

The officer has probable cause to believe that a
felony has been committed and that the person to be
arrested has committed it.

Question 11

Define and differentiate the constitutional and statutory preconditions for misdemeanor arrests in Wyoming

Answer 11

(i) Any criminal offense is being committed in the officer’s presence by the person to be arrested;
(iii) The officer has probable cause to believe that a misdemeanor has been committed, that
the person to be arrested has committed it and that the person, unless immediately arrested:
(A) Will not be apprehended;
(B) May cause injury to himself or others or damage to property; or
(C) May destroy or conceal evidence of the