Policy 6/006.01 Arrests Without Warrants Flashcards
Arrests Without Warrants:
It is the policy of this department that warrantless arrests shall be made when justified and:
With full consideration for the
rights of the arrestee.
Arrests Without Warrants:
What is the definition of an Arrest?
The taking of another person into custody, in a case and in the manner authorized by law.
Arrests Without Warrants:
What is Probable Cause?
Probable Cause exists when:
The facts and circumstances known to the officer would warrant a prudent man in believing a crime had been committed and that the accused had committed it.
Arrests Without Warrants:
Miranda Warning To Suspect
You have the right to remain silent.
Anything you say can be used against you in a court of law.
You have the right to the presence of an attorney during questioning. If you cannot afford an attorney, one will be appointed before questioning.
Do you understand these rights?
Arrests Without Warrants:
Mirianda Warning to juveniles contains an additional question:
For Juvenile suspects, one additional question is included:
Do you wish a parent
or guardian to be present?
Arrests Without Warrants:
A juvenile should be advised of the potential to be charged in adult court
when applicable. Examples of potential crimes would be, but not limited to:
Murder, Attempt Murder and Sexual Assault.
Arrests Without Warrants:
(In Miranda the Supreme Court ruled that before there could be an interrogation of a person in police custody or otherwise deprived of his freedom in any significant way, the accused must be given:
The four warnings. Only upon waiver of those rights could an interrogation occur.
Moreover those rights must be afforded him throughout his interrogation.)
An officer may make an arrest without a warrant for:
- Crimes (felony, gross misdemeanor, or misdemeanor) which have been committed in the officer’s presence;
- Felonies and gross misdemeanors not committed in the officer’s presence when the officer has reasonable belief
(probable cause) that the crime was committed and the specific person committed it; - Any person which a police officer has probable cause to believe is about to commit a felony crime;
- Juvenile misdemeanors not committed in the officer’s presence;
- Traffic offenses delineated in NRS, Chapter 484; and
- Domestic violence.
What are the elements that must exist for an arrest to take place are:
- A show of authority by an officer in words or actions or both which
- Would cause a reasonable person to think that they were being deprived of their liberty more than temporarily (i.e., more than an investigative detention sense) AND either
- Submission by the subject to the officer’s show of authority, OR
- An actual physical touching which places the subject under the control of the officer.
Making a Warrantless Arrest
When making an arrest of a person, the arresting officer:
- Informs the suspect that he is under arrest and names the charge or cause for arrest;
- Uses only the reasonable amount of force necessary to make the arrest or for protection of self and others;
- Restrains the arrestee by handcuffing the hands behind the back, unless handicapped, obese, or other physical
reasons for not doing so; - Gives the arrestee the Miranda warning at the time of arrest or as soon after as possible if interrogation is to
follow; - Searches arrestee for weapons and instruments or fruits of the crime which are within his immediate control;
- Protects and safeguards the arrestee and personal property; and
- Transports the arrestee to the appropriate detention facility.
Stop and Frisk Prior to Arrest:
An officer does not need probable cause for arrest to stop a person, but what is required?
Reasonable suspicion is required. Officers must have articulable factors for the stop and must be prepared to state in the report why the person was detained.
Stop and Frisk Prior to Arrest:
If there is reasonable suspicion in addition to that which justifies the stop which causes the officer to believe the suspect is armed, the officer can:
Pat down clothing for weapons.
Stop and Frisk Prior to Arrest:
TRUE or FALSE
A legal stop does not automatically make a frisk legal, but safety should be the officer’s first consideration.
TRUE: A legal stop does not automatically make a frisk legal, but safety should be the officer’s first consideration.
Use of Force In Making An Arrest:
Every arrest by an officer involves either a show of force or the actual use of force. Generally speaking, the officer is the
judge in each case of the force necessary to accomplish his purpose. In making lawful arrests, officers are entitled to use
only:
The reasonable amount of force which is necessary to secure prisoners, overcome resistance, prevent escape, effect
recapture, or to protect themselves from bodily harm.
Release of Arrested Persons:
An officer shall immediately release from custody without any further proceedings any person he arrested without a
warrant if the officer is satisfied that there are insufficient grounds for issuing a criminal complaint against the person. A
person so released shall be:
Deemed not to have been arrested but only detained. (Detention shall be no longer than 60 minutes nor extend beyond the place or immediate vicinity where the detention first effected – NRS 171.123)
