Laws of Arrest Flashcards
Officer Jenks answered a call for assistance from a woman who had just been beaten by her divorced husband. Her mouth was bleeding, and she told the officer her husband had previously been served with a PPO restraining him from molesting or assaulting her. May the officer arrest the husband without a warrant?
Yes
The term “probable cause” means an average person of reasonable intelligence can, based on the facts, come to the conclusion that a crime has been committed.
True
An office can arrest a person based on information from their police dispatcher that a valid criminal warrant for the person’s arrest exists in a neighboring community, even if it is outside the officer’s jurisdiction.
True
Joe Peaceful, a private citizen, can legally arrest Mike Hardcore for robbery?
Yes, because robbery is a felony.
The U.S. Supreme Court held in Tennessee v Garner that the Tennessee statute allowing the use of deadly force to prevent a fleeing suspect from escaping was unconstitutional.
True
The elements of a valid arrest are authority, intent, force, custody and submission.
True
A police officer may not arrest without a warrant for a 90-day misdemeanor that was not committed in the officer’s presence.
True
Michigan law requires an officer making an arrest without a warrant to notify the person of the reason for the arrest at the time of the arrest or without unnecessary delay.
True
The use of deadly force for nonviolent felonies may constitute a violation of the fleeing felon’s constitutional rights under certain circumstances, as held by the U.S. Supreme Court.
True
In determining whether an arrest is valid, the most important fact the court will consider is whether the officer had probable cause to make the arrest.
True