Tittle 22 Flashcards
The proceeding by which a party charged with a public offense is accused and brought to trial and punishment, is known as
§22-10 a criminal action.
No person can be subjected to a second prosecution for a public offense for which he has once been prosecuted and duly convicted or acquitted, except as hereinafter provided for new trials.
§22-14 Former jeopardy.
Public offenses may be prevented by the intervention of the officers of justice:
- By requiring security to keep the peace.
- By forming a police in cities and towns, and by requiring their attendance in exposed places.
- By suppressing riots
Any peace officer, except a newly employed officer during such officer’s probationary period, who, in pursuance of such officer’s law enforcement duties, witnesses another peace officer, in pursuance of such other peace officer’s law enforcement duties in carrying out an arrest of any person, placing any person under detention, taking any person into custody, booking any person, or in the process of crowd control or riot control, use physical force which exceeds the degree of physical force permitted by law or by the policies and guidelines of the law enforcement entity,
shall report such use of excessive force to such officer’s immediate supervisor.
“racial profiling”
means the detention, interdiction or other disparate treatment of an individual solely on the basis of the racial or ethnic status of such individual.
No officer of any municipal, county or state law enforcement agency shall engage in racial profiling.
22-34.3. A violation of this section shall be a misdemeanor
When the officers of justice are authorized to act in the prevention of public offenses, other persons, who, by their command, act in their aid,
§22-35.are justified in so doing
An “off-duty” law enforcement officer in official uniform in attendance at a public function, event or assemblage of people shall have
the same powers and obligations as when he is “on-duty”.
Each peace officer of this state shall seize any weapon or instrument when such officer has probable cause to believe such weapon or instrument has been used to commit an act of domestic abuse as defined by Section 60.1 of this title, provided an arrest is made, if possible, at the same time
After any such seizure, the District Attorney shall file a notice of seizure and forfeiture as provided in this section within ten (10) days of such seizure, or any weapon or instrument seized pursuant to this section shall be returned to the owner.
The warrant must be directed to and executed by a
peace officer.
All warrants, except those issued for violation of city ordinances, may be served in
any county in the state; and may be served by any peace officer to whom they may be directed or delivered.
An arrest may be either:
- By a peace officer, under warrant,
- By a peace officer without a warrant; or,
- By a private person.
If the offense charged is a felony, the arrest may be made on
any day, and at any time of the day or night
If it is a misdemeanor, the arrest may be made only during the hours of
six o’clock a.m. to ten o’clock p.m., inclusive, except as otherwise may be directed by the magistrate endorsed upon the warrant. (at home)
an arrest on a warrant which charges a misdemeanor offense may be made at any time of the day or night if the defendant is in a
public place or on a public roadway
A peace officer may, without a warrant, arrest a person:
- For a public offense, committed or attempted in the officer’s presence;
- When the person arrested has committed a felony, although not in the officer’s presence;
- When a felony has in fact been committed, and the officer has reasonable cause to believe the person arrested to have committed it;
the peace officer has probable cause to believe the person within the preceding seventy-two (72) hours has committed an act of
domestic abuse
private person may arrest another:
- For a public offense committed or attempted in his presence.
- When the person arrested has committed a felony although not in his presence.
- When a felony has been in fact committed, and he has reasonable cause for believing the person arrested to have committed it.
is an order in writing, in the name of the state, signed by a magistrate, directed to a peace officer, commanding him to search for personal property and bring it before the magistrate
A search warrant
search warrant shall not be issued except upon
probable cause, supported by affidavit, naming or describing the person, and particularly describing the property and the place to be searched.
Search warrants for occupied dwellings shall be served between the hours of
six o’clock a.m. and ten o’clock p.m.
Search warrants for occupied dwellings after hours of 10 pm if the judge finds the existence of at least one of the following circumstances:
- The evidence is located on the premises only between the hours of ten o’clock p.m. and six o’clock a.m.;
- The search to be performed is a crime scene search;
- The affidavits be positive that the property is on the person, or in the place to be searched and the judge finds that there is likelihood that the property named in the search warrant will be destroyed, moved or concealed; or
- The search to be performed is a search for evidence relating to the illegal manufacture of methamphetamine or other controlled dangerous substance.
A search warrant must be executed and returned to the magistrate by whom it is issued within
ten (10) days
Any peace officer may arrest without warrant any person he has probable cause for believing has committed
larceny of merchandise held for sale in retail or wholesale establishments, when such arrest is made in a reasonable manner.
