P&P Chap 60 Arrest Procedures Flashcards
Arrest
Chap 60 Arrest Procedures
The apprehending or placing into custody (physically or verbally) of a person by the authority of law.
Arrest Warrant
Chap 60 Arrest Procedures
An order of arrest signed by a judge.
Capias
Chap 60 Arrest Procedures
An order of arrest signed by the Clerk of the Court upon the order of a judge, or information filed by the State Attorney’s Office.
Civil Sanctions
Chap 60 Arrest Procedures
A civil form of punishment, usually a fine or other form of intervention such as an injunction.
Criminal Sanctions
Chap 60 Arrest Procedures
An actual punishment usually a fine or jail term.
Discretion
Chap 60 Arrest Procedures
The authority to make decisions within legal boundaries using reasonable personal judgement. Use of _________ is guided and framed by Law, policies, rules, procedures, training, and supervision.
Injunction
Chap 60 Arrest Procedures
A Court Order that prohibits a party from doing something (restrictive _______) or compels them to do something (mandatory _________).
Notice to Appear
Chap 60 Arrest Procedures
A written order issued by a law enforcement officer in lieu of a physical arrest requiring a person accused of violating the law to appear in a designated court or governmental office at a specified date and time.
Probable Cause
Chap 60 Arrest Procedures
Facts and circumstances that would lead an ordinary, reasonable and prudent person to believe that an offense was committed and that the accused committed that offense.
Personally Involved
Chap 60 Arrest Procedures
An officer is considered ____________ where the off-duty officer, a family member, or a friend becomes engaged in a dispute or incident involving a personal matter with the person to be arrested or any other person connected with the incident. This does not apply to situations where the police officer is a crime victim.
A finding by a judge that there was a lack of probable cause for an arrest may result in any of the following:
Chap 60 Arrest Procedures
Dismissal of the charge
Suppression of any evidence found incident to the arrest
Require additional investigation to substantiate the charge
Civil sanctions for damages against the officer, department, or the city
Criminal charges filed against the officer
Private Citizens Arrest
Chap 60 Arrest Provedures
Private citizens have a common law right to arrest a person who commits a FELONY in their presence OR arrest a person where a FELONY was committed and where the arresting citizen has PROBABLE CAUSE to believe and DOES believe the person to be arrested is guilty.
Warrants
Chap 60 Arrest Procedures
Out of county or state verify extradition
Attach warrant confirmation to PC
Whenever person is arrested on warrant only just do PC NO Offense Incident Report required
If arresting officer places additional NON TRAFFIC charges against the suspect, an OIR MUST be completed in addition to the PCA
NTA
Chap 60 Arrest Procedures
A notice to appear (NTA) may be used as an alternative to a physical arrest for persons charged with first and/or second degree misdemeanors, or violations of a City or County ordinance, and do not demand to be taken before a magistrate.
An arresting officer may issue a notice to appear in lieu of a physical arrest unless:
Chap 60 Arrest Procedures
The accused fails or refuses to sufficiently identify themselves or supply the required information
The accused refuses to sign the notice to appear
The officer has reason to believe that the continued liberty of the accused constitutes an unreasonable risk of bodily injury to the accused or others.
The accused has no ties with the jurisdiction reasonably sufficient to assure their appearance or there is substantial risk that the accused will refuse to respond to the notice
The officer has any suspicion that the accused may be wanted in any jurisdiction
It appears that the accused previously has failed to respond to a notice or a summons or has violated the conditions of any pretrial release program
