Laws of Arrest Flashcards
Laws of Arrest
The term probable cause means?
An average person of reasonable intelligence, can by the facts, conclude a crime has been committed.
the most important factor the court is going to consider when they made an arrest is what?
Whether the officer had probable cause to make the arrest.
What are the 5 elements of a valid arrest?
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
A private citizen is the victim of a robbery perpetrated by someone else, can they arrest them?
If it’s a felony they could
Can a police officer arrest an individual with information from dispatch that a valid warrants exists outside of their jurisdiction?
Yes
Michigan’s domestic violence warrantless arrest must be based on which of the following relationships?
All above in section
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?
Yes
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?
He had a warrant and it was a good arrest
Definition of arrest, there are two from class…
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).
Mere suspicion is what level of suspicion?
Lowest level recognized
Can you stop anyone based on mere suspicion?
No, may not stop or arrest
Reasonable suspicion is based on what?
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
What is a frisk?
A limited pat down over the outer clothing
A frisk cannot search for what?
Evidence
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?
Yes
What is probable cause?
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
Probable cause is based on…
Common sense of ordinary people and considers all of the surrounding circumstances.
How do you establish probable cause?
There must be a fair probability to believe that the person arrested has committed a crime.
An arrest must be supported by what?
Probable cause
Who has authority to arrest?
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)
Do you need to have the warrant with you at the time of arrest?
No, but validate it is active/real
A police officer can make an arrest when a felony, misdemeanor, or ordinance violation is committed in their presence?
TRUE
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?
TRUE
Can a police officer arrest for any misdemeanor committed on school property, even if it would be less than 93 days in jail?
Yes
List relationships that connect a domestic…
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
A police officer may enter a residence under exigent circumstances, true or false?
TRUE
The office must have continuous _ _ _ _ _ _ _ _ _ within reason of the suspects whereabouts.
Knowledge
The office must have _ _ _ _ _ _ _ _ _ knowledge within reason of the suspects whereabouts.
Continuous
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?
TRUE
Can an out of state police officer in “fresh pursuit” arrest someone in Michigan?
Yes
If you believe someone is in their home and they have an arrest warrant, can you enter the home?
Yes
Can you enter the home without an arrest warrant to arrest someone?
Only if exigent circumstances exist
Knock and announce rule
Give notice of identity “police”
Why we’re here
Reasonable waiting period to get to the door
Exceptions to knock and announce rule
Reasonable belief that knocking and announcing would be dangerous, futile, inhibit the investigation of the crime or result in destruction of evidence.
Does the use of force have to be the least intrusive option?
No, the officer just needs to use force that is objectively reasonable
What does objectionably reasonable mean?
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.
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?
Based on the totality of circumstances at the moment the force was used, information used after is irrelevant to the officer’s actions.
When can force be used?
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
Pre-Assaultive force by LEO occurs when…
An officer acts upon imminent thread of violence, instead of reacting to violence after it has been carried out against him or her.
Pre-Assaultive Indicators
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
Can you shoot an unarmed person who is not dangerous?
No, Tennessee v. Garner
Use of deadly force to prevent escape of a fleeing felon is justified when…
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
Do citizens have the right to resist unlawful arrest?
Yes, people v. Eisenberg
