Legal Process Flashcards
Arrest with a Warrant: Sworn officer are authorized to execute arrest warrants anywhere within the State of RI with…
Authorization from The OIC, who will first contact/coordinate efforts w/jurisdiction the arrest is to be made.
All officers with the rank of __________ or above or any member of __________ may sign arrest warrants as a complainant for NPD.
Lieutenant….CID.
Arrest without a warrant: Felony arrest under the following circumstances;
the officer has reasonable grounds to believe that a felony has been/is being committed and the person arrested has or is committing it.
Arrest without a warrant: Misdemeanor arrest under the following circumstances;
the officer has reasonable cause to believe the person is or has committed a misdemeanor, petty misd, and the officer has reasonable grounds to believe the person cannot be arrested later or may cause injury to him/herself/other or damage to property unless immediately arrested.
Arrest w/out a warrant: An arrest maybe made only when there is a need to establish positive identification, which is not available at the time of the summons. In no case will the detention to establish ID, based solely on a violation, exceed 2 hrs. for what type of violations?
State Law Violations.
Arrest w/out a warrant: For a city ordnance violation/summons or arrest, a custodial arrest may be only for those city ordinances which…..
carry a potential jail sentence.
Arrest w/out a warrant: In a suspects own home, no officer may enter a suspects home without____________ to arrest him/her on a state law violation or city ordinance absent of this;
Legally authorized consent. And absent a threat, posed by the suspect to the lives or safety or the public, officers or suspect.
Arrest w/out a warrant: Suspects house of 3rd person, no officer may enter the home, without …
3rd party consent to arrest and/or search for the suspect without a search warrant on state law or city ordinance violation, absent of a threat, or safety of lives of pubic, officers or suspect.
Search incident to arrest: is an exception to the warrant requirement and is made when;
the arrest is lawful. Can only be made only of the immediate area with in control of the person being arrested.
Search incident to arrest is permitted to:
Protect the arresting officer/others. Prevent escape or suicide. Seize contraband or the fruits, instruments or evidence of crime. Prevent the destruction of evidence. and provide an inventory of items on the person at the time of arrest.
Search Incident to arrest: the scope of the search is;
Anything in actual possession of the arrested person. or items within reach or immediate control.
Search incident to arrest: A person arrested in a MV, it is permissible to search the passenger’s compartment for the following circumstances;
Arrestee is within reaching distance of the vehicle. Officers can open closed and unlocked containers. A locked trunk or engine compartment can not be searched solely on search incident to arrest. 2) Or when it is reasonable to believe offense related evidence might be found in the vehicle. The officer shall use the standard of PC when determining reasonable belief.
Who can sign search warrants according to NPD policy 320.10?
All officers with the rank LT or above, and any member assigned to CID.
What 4 types of items will an issued search warrant search and seize for?
Fruits of a crime, Contraband, Instruments of a crime, other evidence.
What are Fruits of a Crime?
Material objects acquired by means or consequences of the commission of the crime.
What is Contraband?
Items kept, concealed, or possessed in violation of the law or kept for the purpose of violating the law.
What are items that will aid or have been used in the commission of a crime, such as weapons or burglary tools?
Instruments of a crime.
In regards for reason for an issued search warrant, what is “Other Evidence”?
Items which will aid in the apprehension or conviction of a criminal. ( items that clearly state a connection to the crime, ie bloody clothes}.
What are the allowed reasons to search WITHOUT a search warrant?
Search incident to arrest, Plain View, Consent to Search, Search of a vehicle ONLY when PC exists, Search of Abandoned Property, Exigent Circumstances, After a Terry Pat for weapons, Public Places, Open fields outside the curtilage of a home that is not an office or commercial structure.
What is a search under plain view doctrine?
If the item is in plain view (not hidden) and if an officer is legitimately on the premises AND the officer has PC to believe that property is evidence or contraband. It can be legally seized.
What are the two reasons for allowing a warrant less search of a vehicle when PC is established to believe that vehicle contains evidence of a crime?
The mobility of the vehicle (makes it impracticable to require police to get a search warrant first). The second is a vehicle does not share the same expectations of privacy as a residence or other personal property.
After PC is established of a search of a vehicle, what is the officer allowed to search inside the vehicle?
The entire vehicle, as long as the officer has PC to believe evidence may be located where he/she is looking. If PC is limited to a specific area, the officer cannot go beyond that search. NO operator/owner-passenger can consent to a search, if the stop was solely a mv violation stop, unless there is reasonable suspicion or PC of criminal activity.
What is a Terry Pat?
Terry v. Ohio, a pat down for weapons ONLY. 2 prong test for this pat down, 1st REASONABLE SUSPICION is established that they are involved or about to be involved in criminal activity AND 2nd must reasonably believe the person is armed and dangerous.
By policy, who is required to be present during the execution of a search warrant?
The Complaining Officer.
