RIGL 12-6 (Warrants for Arrest), 12-7 (Arrests), 12-8 (Close Pursuit)

Question 1

Whenever any person is charged with committing an offense committed in district court, the DC judge direct who to execute the warrant in any RI jurisdictions?

Answer 1

Deputy Sheriffs, city/town sergeant, or town constables.

Question 2

Any person arrested on a warrant issued shall be;

Answer 2

brought immediately before the court. If not in session, be brought the next session. Be afforded a review hearing on their ability to pay within 48 hrs. or if no session be provided at first court appearance.

Question 3

(Service of arrest warrants) Officers shall obey and execute the warrant and are;

Answer 3

protected from obstruction and assault in executing the warrant.

Question 4

Any person arrested on a Municipal Court warrant maybe presented;

Answer 4

to a judge in district court or JP for release on personal recog or bail when Municipal Court is not in session. Only for criminal and not civil offenses.

Question 5

12-7-1 (Temporary Detention of Suspects). How long and for what reasons?

Answer 5

Any person they have reason to suspect is committing, has committed or is about to commit a crime, while demanding; name, address, business abroad, destination. If not satisfied the officer may detain up to 2hrs to obtain this information. Anything after that must be charged with a crime or released.

Question 6

12-7-2, search of detained person may occur when;

Answer 6

Questioning in a crime or suspected crime, while reasonably believes that they are in danger from the person carrying a weapon and that person has a dangerous weapon. It will be returned after questioning or arrest.

Question 7

Under Title 12 of RIGL an arrest w/out a warrant for a felony circumstance are?

Answer 7

an officer has reasonable grounds a felony has been committed. It is not necessary that officer has reasonable belief that the person cannot be arrested later or that the person may cause injury or damage property if not arrested immediately.

Question 8

Under Title 12 of RIGL an arrest w/out a warrant for a misdemeanor circumstances are?

Answer 8

an officer has reasonable cause to believe a person is committing or has committed a misdemeanor/petty, and the officer has reasonable grounds that person cannot be arrested later or may cause injury to themselves/others or loss or damage property if not immediately arrested.

Question 9

Arrest on Improper Grounds (12-7-5

Answer 9

If lawful cause to arrest exists, than the arrest is lawful even if officer made on improper grounds.

Question 10

Possession of a warrant not in possession by an arresting officer is;

Answer 10

allowed, but after arrest it shall be shown as soon as practicable.

Question 11

What is a method of arrest as defined by RIGL 12-7-7?

Answer 11

An arrest is made by either restraint of the person or their submission of custody made by the officer making the arrest.

Question 12

Resisting legal or illegal arrest is?

Answer 12

Unlawful to resist a legal or illegal arrest by force or weapon, if the person has reasonable grounds to believe they are being arrested and it’s made by a peace officer.

Question 13

Release of arrested person by an officer can be made by whom and what circumstances (RIGL 12-7-12);

Answer 13

Made by OIC, 1) without requiring person to appear in court if satisfied no criminal complain is needed or arrested for drunkeness and no complaint is needed. 2) any misdemeanor with an agreement (summons) to appear in court. 3) if suffers from a serious mental health and may release/refer to nearest appropriate MH care facility or out patient program.

Question 14

12-7-14, plaintiff if falsely arrested, may be awarded….;

Answer 14

punitive damages in addition to compensatory damages if successful.

Question 15

12-7-17. An arrest of an escapee and parole violator can be made with or without a warrant;

Answer 15

Both. by any police officers if escaped or for parole being absent, violated conditions of parole for the purpose to return them to the institution they escaped from or parole was granted for.

Question 16

12-7-18 (National Guard Powers to detain are;)

Answer 16

For the rank of Sergeant and above (on emergency state duty on the call of the governor) may detain for reasonable suspicion and may asked required ID/address/destination questions. If not answered can further investigate for not longer than 2 hrs. to be either released or arrested.

Question 17

12-7-19 (Close pursuit arrest for MV charges) are authorized by;

Answer 17

any municipal, city/town who enters another in a close pursuit for MV charges committed in the other city/town shall be vested with the same authority as the city/town their in.

Question 18

12-7-20 (Right to use of telephone to call attorney or bail) is described as;

Answer 18

Any person shall be afforded, as soon after being detained as practicable, not to exceed 1 hr from the time of detention, the opportunity to make a phone call for purpose of securing an attorney or arranging bail. If a DUI arrest and the person must get medical treatment, a telephone use is afforded as soon as practicable which may exceed 1 hr from detention. The phone call shall be provided in confidentiality.

Question 19

Close Pursuit as defined in (RIGL 12-8-3)

Answer 19

Any member of state, county, municipal police in the USA enters this state in close pursuit and continues in close pursuit in order to arrest for a felony shall have the same authority to arrests in this state.

Question 20

12-8-5 (Commitment or discharge of person arrested) after a close pursuit by another state into RI is;

Answer 20

If after close pursuit arrest in this state, the arrested shall be taken without necessarily delay to court to determine lawfulness of arrest. If lawful then judge shall commit the person for reasonable time for extradition warrant by governor of this state.