Laws Of Arrest Flashcards
What are the 4 levels of encounters?
Causal Encounter / Interview
Welfare Check
Investigative Detention
Arrest
_______ is when an officer has objective data from which they can make certain inferences and a resulting suspicion that the vehicle’s occupant (or person on the street) is, or has been, engaged in wrongdoing.
Particularized Suspicion
_____ is related to or based on externally verifiable phenomena (facts).
Objective
_______ is an individual’s perceptions, feelings, or intentions (not verifiable).
Subjective
What are facts and circumstances within an officer’s personal knowledge that prove sufficient to warrant a reasonable person to believe that someone is committing or has committed an offense?
Probable Cause
What is objective, specific, articulable facts from which experienced officers would suspect that a citizen is in need of help or in peril, that justifies the officer to stop and investigate?
Community Care Doctrine
True or False?
Once a citizen is no longer in need of assistance, any action after that is a seizure which implicated the 4th Amendment?
True
________ is when a peace officer may stop any person or vehicle that is observed in circumstances that create a particularized suspicion that the person or occupant of the vehicle has committed, is committing, or is about to commit an offense.
Terry Stop
True or False?
A peace officer can extend the stop longer than needed to effectuate the purpose of the stop without separate probable cause.
False
What are the 3 elements to arrest?
- The authority to arrest
- The assertion of that authority with the intention to affect an arrest
- The restraint of the person arrested
True or False?
A peace officer can arrest a person in their home at night for a misdemeanor.
False
Unless it’s for PFMA.
What does FISH stand for?
Fear
Injuries
Size-relative
History of violence