RI LEO Official Manual: Arrests Flashcards
Definition of Arrest according to RI LEO Official Manual is;
Exceeds the bounds of a “stop”, which are “brief”. It’s a 4th amendment seizure, whether physical or non-physical show of authority where a reasonable person would not feel free to leave or terminate the encounter.
What are the two prerequisites for a lawful arrest?
It must be “reasonable” to include 1) Probable Cause and 2) the manner in which the arrest is executed (arrest w/out a warrant).
What are the basis to establish probable cause?
1) First hand knowledge (officers questioning, finger prints, dna). 2) 2nd hand info or hearsay (information from victims, witnesses, other PO’s). Hearsay trustworthiness is determined by corroboration of facts given, or record of person being truthful in the past are examples of validating for PC.
An arrest of a suspect within a home generally an arrest warrant is needed. Exceptions to the warrant requirement to arrest in a home are?
Hot pursuit of a felony suspect, exigent circumstances (danger to others or police, or danger evidence will be destroyed)
What are the requirements for a valid arrest warrant?
Officer presents an affidavit to a neutral magistrate who determines the existence of PC. The officer swears to the facts and circumstances that constitute PC for arrest, The warrant must id the person to be arrested and for what charges. Then is signed by a judge or clerk of DC, superior, or supreme ct.
On a domestic violence call and if an officer has PC to arrest, the officer MUST arrest the alleged perpetrator for the following acts;
) Felonious Assault. 2) physical action resulting in bodily injury to the victim. 3) physical action intended to cause another to reasonably fear imminent death or SBI. 4) Violation of Protection Order, 5) Violation of NCO.
In arresting someone what is the standard of force in making arrests?
Must be reasonable and not excessive. Officers must use objectively reasonable force, where and reasonable officer under the same situation and circumstances would use the same amount of force.
To arrest someone outside an officer’s own jurisdiction is permitted in certain situations, including;
Hot pursuit doctrine (may pursue a suspected felon with/out a warrant. 2) Breach of peach in the officers presence (must involve an act or threat of violence. Does not extend to other misdemeanor). 3) responding to emergency assistance to another pd within the state. 4) Close pursuit of a person to arrest for a mv code violation that occurred in the officer’s jurisdiction.. 5) provide assistance in a non-emergency situation where Chief’s in adjacent city/town enter into an agreement approved by their town council resolution.
If an officer makes an arrest without a warrant, and the arrestee is not under indictment, the arrestee must be brought w/out necessary delay to__________.
A District Court Judge where the arrest was made or crime was committed.
If a police officer arrests a person who the officer knows is under indictment, the arrestee must be brought w/out necessary delay to_________.
before a Superior Court Judge who will arrange bail.
