Laws of Arrest

Question 1

The term probable cause means?

Answer 1

An average person of reasonable intelligence, can by the facts, conclude a crime has been committed.

Question 2

the most important factor the court is going to consider when they made an arrest is what?

Answer 2

Whether the officer had probable cause to make the arrest.

Question 3

What are the 5 elements of a valid arrest?

Answer 3

1) Authority - must have legal authority to arrest
2) Intent - must intend to arrest
3) Force - any amount of physical or verbal activity
4) Submission - when the suspect submits to the officer’s authority
5) Custody - any form of intentional detention

Question 4

A private citizen is the victim of a robbery perpetrated by someone else, can they arrest them?

Answer 4

If it’s a felony they could

Question 5

Can a police officer arrest an individual with information from dispatch that a valid warrants exists outside of their jurisdiction?

Answer 5

Yes

Question 6

Michigan’s domestic violence warrantless arrest must be based on which of the following relationships?

Answer 6

All above in section

Question 7

Answered a call and woman said her divorced husband beat her and had come there to borrow money, but he had a PPO and it was verified and husband served with copy. The husband was not seen doing, can officer arrest him?

Answer 7

Yes

Question 8

Officer smith a Marquette County officer is investigating Joe Jones and obtained from MQT county court and learned Jones is in Detroit and he travelled to Detroit and arrested Jones in Detroit. Is he okay to do so?

Answer 8

He had a warrant and it was a good arrest

Question 9

Definition of arrest, there are two from class…

Answer 9

The taking, seizing, or detaining of a person either physically, or by an act that indicates an intention to take into custody and subjects the person arrested to the control and with if the person making the arrest.

Or

To deprive a person of their liberty by legal authority. Taking, under real or assumed authority, custody of another for the purpose of holding or detaining them to answer a criminal charge (Black’s Law Dictionary).

Question 10

Mere suspicion is what level of suspicion?

Answer 10

Lowest level recognized

Question 11

Can you stop anyone based on mere suspicion?

Answer 11

No, may not stop or arrest

Question 12

Reasonable suspicion is based on what?

Answer 12

Based on articulable facts that must be support a reasonable and rational inference that a crime either has been is being, or is about to be committed.

Ex: Terry Stop

Question 13

What is a frisk?

Answer 13

A limited pat down over the outer clothing

Question 14

A frisk cannot search for what?

Answer 14

Evidence

Question 15

Can occupants of a vehicle be patted down if there is reasonable suspicion they are carrying a weapon even if they have not committed a crime?

Answer 15

Yes

Question 16

What is probable cause?

Answer 16

From 4th Amendment…”no warrants shall issue but on probable cause supported by an oath of affirmation…” It is merely based on probability.

Ex. They probably committed a crime

Question 17

Probable cause is based on…

Answer 17

Common sense of ordinary people and considers all of the surrounding circumstances.

Question 18

How do you establish probable cause?

Answer 18

There must be a fair probability to believe that the person arrested has committed a crime.

Question 19

An arrest must be supported by what?

Answer 19

Probable cause

Question 20

Who has authority to arrest?

Answer 20

1) Citizen for a felony, regardless of whether it was committed in their presence
2) Citizen if summoned by a police officer to assist
3) A private citizen, if they are a merchant, an agent, or employee of a merchant (loss prevention)

Question 21

Do you need to have the warrant with you at the time of arrest?

Answer 21

No, but validate it is active/real

Question 22

A police officer can make an arrest when a felony, misdemeanor, or ordinance violation is committed in their presence?

Answer 22

TRUE

Question 23

A police officer can make an arrest for a felony not committed in their presence, if they have probable cause to believe that person committed it; true or false?

Answer 23

TRUE

Question 24

Can a police officer arrest for any misdemeanor committed on school property, even if it would be less than 93 days in jail?

Answer 24

Yes

Question 25

List relationships that connect a domestic…

Answer 25

1) Spouse
2) Former spouse
3) Person residing or who has resided in the same house
4) Child in common
5) Dating relationship
or has a personal protection order out against the victim

Question 26

A police officer may enter a residence under exigent circumstances, true or false?

Answer 26

TRUE

Question 27

The office must have continuous _ _ _ _ _ _ _ _ _ within reason of the suspects whereabouts.

Answer 27

Knowledge

Question 28

The office must have _ _ _ _ _ _ _ _ _ knowledge within reason of the suspects whereabouts.

Answer 28

Continuous

Question 29

When a arresting a person without a warrant, the officer must inform the person of the reason of their arrest at the time of arrest without unnecessary delay, true or false?

Answer 29

TRUE

Question 30

Can an out of state police officer in “fresh pursuit” arrest someone in Michigan?

Answer 30

Yes

Question 31

If you believe someone is in their home and they have an arrest warrant, can you enter the home?

Answer 31

Yes

Question 32

Can you enter the home without an arrest warrant to arrest someone?

Answer 32

Only if exigent circumstances exist

Question 33

Knock and announce rule

Answer 33

Give notice of identity “police”
Why we’re here
Reasonable waiting period to get to the door

Question 34

Exceptions to knock and announce rule

Answer 34

Reasonable belief that knocking and announcing would be dangerous, futile, inhibit the investigation of the crime or result in destruction of evidence.

Question 35

Does the use of force have to be the least intrusive option?

Answer 35

No, the officer just needs to use force that is objectively reasonable

Question 36

What does objectionably reasonable mean?

Answer 36

The reasonableness of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than with 20/20 vision hindsight.

Question 37

The test of reasonableness under the 4th Amendment is not capable of a precise definition of reasonableness, then how will an officer’s judgement be judged?

Answer 37

Based on the totality of circumstances at the moment the force was used, information used after is irrelevant to the officer’s actions.

Question 38

When can force be used?

Answer 38

1) To overcome resistance of lawful commands
2) To effect an arrest or detain a subject
3) To maintain custody and prevent escape
4) To protect the officer or other persons

Question 39

Pre-Assaultive force by LEO occurs when…

Answer 39

An officer acts upon imminent thread of violence, instead of reacting to violence after it has been carried out against him or her.

Question 40

Pre-Assaultive Indicators

Answer 40

1) Fists
2) Increased breathing rate
3) Fighting stance
4) Sweating
5) Increased rate of speech
6) Finger pointing
7) Angry facial expressions
8) Ignores you during interview
9) Frees their hands of objects
10) Moves into your personal space
11) Has a weapon
12) Non-compliant
** Specific articulable facts that lead you to believe that aggression is imminent

Question 41

Can you shoot an unarmed person who is not dangerous?

Answer 41

No, Tennessee v. Garner

Question 42

Use of deadly force to prevent escape of a fleeing felon is justified when…

Answer 42

1) Probable cause the suspect poses a serious threat of physical harm to themselves or others
2) Threatens the officer with a weapon
3) If there is probable cause the suspect has inflicted, or threatened to inflict, serious physical harm
4) When feasible a warning has been given

Question 43

Do citizens have the right to resist unlawful arrest?

Answer 43

Yes, people v. Eisenberg