Pg 10

Question 1

What is an arrest?

Answer 1

When you deprive a suspect of his liberty through legal authority

Question 2

For a felony is it possible to arrest someone without a warrant?

Answer 2

Yes, as long as you have a reasonable ground to believe that the felony was committed or the suspect did it

Question 3

If it is a misdemeanour can the police arrest someone without a warrant?

Answer 3

Only if the act occurred in the police person’s presence

Question 4

Is it possible for police to use deadly force to stop someone from fleeing?

Answer 4

Not unless the police officer has probable cause to think that there is a threat of serious harm to the police officer or others and deadly force can prevent it

Question 5

If police lawfully enter a premises to make an arrest, what is their authority?

Answer 5

They can search just to the extent needed to find the individual to be arrested. This is limited to places that the suspect could hide.

Sometimes police officers want to make sure they have control of all weapons that could be used against them or for the suspect to escape.

Question 6

What does an arrest warrant authorize?

Answer 6

The apprehension of an individual based on probable cause that a crime was committed and the suspect committed it.

Question 7

Is it possible for a police officer to make a warrantless or non-consensual entry in order to do a routine felony arrest?

Answer 7

No

Question 8

Searches and seizures that are conducted inside a person’s home without a warrant are presumptively what?

Answer 8

Unreasonable

Question 9

If you arrest someone at their home with a warrant, can you use any evidence that you find there?

Answer 9

Yes, but that is not true if the suspect is arrested in a third party’s home

Question 10

What is required for an arrest warrant?

Answer 10

You have to give the identifying information of their name (and other things like a birthday, address, Social Security, race, etc. are helpful). It’s OK to just identify the person through a description as long as it gives reasonable certainty

Question 11

Is it OK to have an arrest warrant that only has a nickname on it?

Answer 11

Yes, if other identifying information allows identity with reasonable certainty. But an alias alone is not enough and neither are general characteristics like gender or race

Question 12

If a police officer arrests the wrong person under a warrant, what is necessary for that to be lawful?

Answer 12

If he has a good faith and reasonable articulable grounds to believe that the person was the intended arrestee

Question 13

If a person’s testimony is material and they are a witness in a case and it may be impracticable to secure their presence through subpoena, what is the option?

Answer 13

You can seek an arrest warrant for a material witness

Question 14

If you have an arrest warrant, where can you seize that person?

Answer 14

Anywhere in the jurisdiction

Question 15

If the police have probable cause to arrest a suspect, then go to his house without a warrant and arrest him, Marandize him, he waives his Miranda rights, and he admits to the crime, then is taken to the station, given his rights again, waives them again, and signs a confession, what is the thing at issue here?

Answer 15

The question is whether the statement that he made at the station would be admissible. If you arrest someone in their house without a warrant but you have probable cause, that doesn’t make continued custody once a suspect is removed from the home unlawful. The statement was not the product of being in unlawful custody and it wasn’t because he was arrested in a home without a warrant.

Question 16

What is the standard for a search warrant?

Answer 16

Totality of the circumstances. There must be a fair probability that the contraband or evidence of the crime will be found in a certain place

Question 17

If an officer shows up at your house with a search warrant, what do they have to do with it?

Answer 17

Give a copy of it to the people at the place being searched to assure that the search is lawful and to inform them of the limits of power

Question 18

What extra power does a search warrant implicitly carry with it?

Answer 18

Authority to detain the occupants of the premises while the search is being done

Question 19

What is the procedure for the execution of a search warrant?

Answer 19

– cops identify themselves as police
– tell the purpose of the visit
– if entry is refused, they must wait and then enter

Question 20

What are the official elements that are needed for a search warrant?

Answer 20

• PC
  – issued by a neutral and detached magistrate
  – contemporaniety
  – describe with particularly the place to be searched
  – timing

Question 21

At what time must probable cause exist for a search warrant?

Answer 21

At the time that the warrant is issued and all through execution

Question 22

Would a court-ordered surgery as an intrusion into the body ever be allowed?

Answer 22

Yes, if:

• evidence is relevant and it can’t be gotten any other way
• there is probable cause that the operation would produce it
• the operation is minor and every precaution is taken
• beforehand there is an adversary hearing where the defendant appears with counsel
• after and before, the defendant has the opportunity for appellate review

Question 23

What are the three critical factors in order for police to make an intrusion into another person’s body?

Answer 23

– there must be a clear indication that extraction would produce the evidence of the crime
– the action must be reasonable and commonplace, involving almost no risk/trauma/pain
– it must be performed in a reasonable manner by a qualified medical professional in a professional setting

Question 24

What do you have to balance for an intrusion into the body?

Answer 24

The extent of the intrusion on the plaintiff’s privacy versus the states need for evidence

Question 25

What is required for a search warrant of a law office?

Answer 25

You have to be careful because of attorney-client privilege, so there must be a description of the property that is tailored to minimize intrusion into privacy. It isn’t reasonable to allow cops to go through miscellaneous documents in an attorney office, so they need:

• a subpoena DUCES TECUM to get specific documents, or
• TAINT TEAM: team of attorneys that have nothing to do with the case that examine documents and emails and put them into possibly privileged and not privileged groups, then the defendant can review them

Question 26

If a media entity is not the target of an investigation, is it lawful to search or seize any work product materials that were possessed by someone reasonably believed to have the purpose to disseminate to the public?

Answer 26

Only if he is suspected of involvement in crime

Question 27

When the police enter to do a search warrant, who can they detain?

Answer 27

Anyone that is on the scene, or that is leaving the scene during the search. They can handcuff them, question them, and move them within the property

Question 28

What is the rationale for being able to detain people while you were doing a search warrant?

Answer 28

Making sure that the officers are safe, that the search is completed in an orderly way, and minimizing the need to use force

Question 29

What is the duration and protocol for a search warrant?

Answer 29

Whatever is objectively reasonable depending on the nature of the search and the premises.

Question 30

What do you have to give to the owner of the premises with regard to search warrants?

Answer 30

A copy of the warrant, and inventory of items that were taken in the search that is filed with the court, and a notice for how to recover the property

Question 31

If a judge went with the police to a porn shop with the cops, or he got paid for every warrant that he issued, is he considered to be neutral and detached?

Answer 31

No

Question 32

Is it necessary that a magistrate be a lawyer or a judge?

Answer 32

No, only that it be someone that is neutral, detached, and capable of figuring out if probable cause exists