Search and seizure person arrests

Question 1

An arrest occurs when you take a person into custody. This requires either

Answer 1

(1) that you physically restrain or at least touch the person or (2) that he submits to your authority.

Question 2

For a felony, you may arrest a person

Answer 2

(1) with a warrant or (2) without a warrant if you have probable cause to believe he or she committed a felony, regardless of whether or not it was committed in your presence.

Question 3

For a misdemeanor, you may arrest a person

Answer 3

(1) with a warrant or (2) without a warrant if the misdemeanor was committed in your presence, the crime was committed by a juvenile, the suspect was driving while under the influence (DUI) and (1) was involved in an accident, (2) is observed in or about a vehicle that is obstructing a roadway, (3) will not be apprehended unless immediately arrested, (4) may cause injury to himself or herself or damage property unless immediately arrested, or (5) may destroy or conceal evidence of the crime unless immediately arrested, the suspect was carrying a loaded firearm on his or her person or in a vehicle while in any public place or on any public street,the suspect committed an assault or battery while on school property (as defined) during hours when school activities are being conducted, the suspect committed an assault or battery upon a firefighter, emergency medical technician, or mobile intensive care paramedic while that person is on duty engaged in the performance of his or her duties, domestic violence, elder abuse, possession of a firearm in an airport, and court order violations.

Question 4

If you arrest and book a known or suspected “foreign national,” or if you detain one for more than two hours, you must advise him or her of the right to

Answer 4

communicate with an official from the consulate of his or her country. And, if the foreign national elects to exercise this right, then you must also inform the “pertinent official” at your agency about the arrest or detention and the request.

Question 5

For a felony, you may make an arrest–with or without a warrant–

Answer 5

at any time of the day or night.

Question 6

You must make the Misdemeanor arrest–with or without a warrant–between 6:00 a.m. and 10:00 p.m. unless:

Answer 6

the misdemeanor or infraction occurred in your presence, the arrest is made in a public place; or you have a warrant endorsed for nighttime service; or the arrestee is already in custody on another charge or is taken into custody on a citizen’s arrest; or you make the arrest for violation of a domestic violence protective order, even though it did not occur in your presence.

Question 7

Note that a doorway is considered a

Answer 7

“public place.”

Question 8

In every case, the arraignment must occur within

Answer 8

48 hours after the defendant’s arrest, excluding weekends and holidays. 72 hours for juveniles.

Question 9

Passengers in lawfully stopped vehicles can be arrested only if, based on all the facts and circumstances, you have

Answer 9

probable cause to believe the passenger has committed a criminal offense.