Test 3. Arrest Warrents Flashcards
What is the 4th amendement?
The right of the people to be secure in their persons, houses, papers & effects
What is an arrest?
Legal act of taking someone into custody
What are elements of an arrest?
- Intent
- Seizure
- Communication and Understanding
An arrest should be be thought of as a _______________ of events.
series/processs
According to the Georgia Court of Appeals, what is an arrest?
“An arrest is the taking, seizing, or detaining of the person of another.”
According to the Georgia Supreme Court, what is an arrest?
“A person is under arrest whenever his liberty to come and go as he pleases is restrained, no matter how slight such restraint may be.”
§17-4-1
What constitutes an arrest
> Actual touching is not necessary
> If a person voluntarily submits to being considered under arrest, the arrest is complete
§17-4-20
Arrest without warrant
When can an arrest be made without a warrant?
- Offense committed in officer’s presence
- Offender is endeavoring to escape
- Officer has probable cause that an act of family violence has been committed
- Officer has probable cause to believe offender has violated a criminal family violence order b
§17-4-20
Arrest without warrant
When can an officer make an arrest for an offense outside the jurisdiction of the agency is employed without a warrant?
- Offense committed in officer’s presence or within immediate knowledge
- When in pursuit of an offender where offense occurred within jurisdiction
- Assisting another officer in that officer’s jurisdiction
An officer may search for the subject of an _________ warrant at his residence armed only with the __________ warrant.
arrest
If a subject of an arrest warrant is in someone else’s residence, refer to the ______________ case.
Steagald v. U.S.
Law enforcement officer can not legally search for a subject of an arrest warrant in the home of a third-party unless there is:
- consent
- search warrant
- Exigent circumstances
§17-4-21
Duty of Arresting Officer to take arrested person before judicial officer
What are the elements?
> Arresting officer will take arrested person before the most convenient and accessible judicial officer
> Arrested person has no right to select judicial officer
§17-4-23
Arrests for certain violations may be made by citation; Warrants for failure to appear
What are the three ways an officer may issue a citation?
> This is a Non-custodial arrest
- The offense occurs in the officer’s presence
- Information received from another officer
- The violation was the result of a motor vehicle accident
§17-4-24
Duty of law enforcement officers to execute penal warrants
What are the elements.
> LE officer bound to execute warrants given to execute
> May summon assistance of citizens
> form a posse, subject to same protection and consequences
§17-4-25
Power to make arrest in any county
> Under warrant
> issued by judicial officer
> Arresting officer can arrest person charged with crime, regardless of residence
> Officer must take accused to county where offense is alleged
§17-4-26
Duty to bring persons arrested before judicial officer within 72 hours
> Officer must take person arrested before judicial officer within 72 hours of arrest
> Arrested person not notified before hearing shall be released
§17-4-40
Person who issues warrants for arrest of offenders under penal law
> Any judge of superior, state, city, magistrate court may issue a warrant based on probable cause
§17-4-41
What affidavit and warrant for arrest must state
What information should a affidavit for arrest state?
- Offense, time, date, place of occurence, against whom offnese was committed
- county offense committed
§17-4-41
What affidavit and warrant for arrest must state
What is additional requirements when the offense charged is theft?
- Name of property stolen, description, value
- Name of owner of property
§17-4-44
Warrant for arrest issued in any county and executed without backing
> A warrant for arrest may be issued in any court, though the crime was committed in another county
