Laws of Arrest Flashcards
Probable Cause
not a point, but a zone in which reasonable mistakes can be made.
elements of a valid arrest
- authority
- intent
- force
- custody
- submission
An arrest with a warrant can be made for?
- felony
- misdemeanor
- ordinance violation
An officer can arrest for the following, NOT committed in the officer’s presence:
- a felony, upon probable cause
- 93-day (or greater) misdemeanor, upon probable cause
- positive information of an arrest warrant
- upon broadcast, teletype, etc., regarding a 93-day misdemeanor or felony
When can you put someone in protective custody? (PRT)
- mental illness, expected in near future to injure self or another
- mental illness, unable to attend to those basic needs
Interim Bond may be denied if:
- person is under the influence
- person is wanted on other charges
- person’s identity is in question
- otherwise unsafe to release them
Is there interim bond or P.R. bond in cases of domestic violence?
NO, the arrestee must be held until arraigned or have interim bond set by a judge or magistrate
What is the 48 hour rule?
arrestee has the right to a judicial determination of probable cause within 48-hours of a warrantless arrest.
When do you fingerprint a subject upon arrest?
- a felony
- 93-day or greater misdemeanor
- criminal contempt variations
Police may only search a vehicle incident to arrest if:
- the arrested subject is within reaching distance of the passenger compartment
- if the police reasonably believe the vehicle contains evidence of the crime for which the person was arrested
In order to justify a no-knock entry, the police must have a reasonable suspicion that knocking and announcing would be:
- dangerous
- futile
- inhibit the effective investigation of the crime (destroy evidence)
