Warrants/Arrest/Searches Flashcards
What is BPD Special order 95-31?
Arrest warrant, officer needs to check validity immediately prior to arrest to verify it’s still valid
Do you need a separate warrant for a home or motor vehicle?
Yes: search warrant
If suspect is in a 3rd party dwelling what is needed to effect an arrest?
Arrest warrant for suspect
Search warrant for home absent consent
Two types of warrants
Straight warrant: new charges
Default warrant: issued by judge for not showing up to court
What needs to be checked prior to arresting a fugitive from justice?
If the other state or jurisdiction will extradite. If not then release
Is Merchant Statement enough for an arrest?
Yes, gives the officer PC
3 parts to an arrest
Intent
Communication
Control
3 parts to a lawful arrest
Jurisdiction
Arrest-able offense
Probable cause
When do suspects get a phone call?
Within 1 hour of arrival to the station
What is the Aguilar Spinelli test?
Reliability
Basis of knowledge
Reliable sources
Known victim
Known witness
Other police officer
Good track record
When can you conduct a warrantless search?
Consent
Abandonment
Booking search
Plain view
Incident to lawful arrest
Exigent circumstances
Three parts to consent
Voluntary (no coercion)
Intelligent(clear, explicit)
Knowingly (told of right to refuse)
What are the two exceptions to a warrantless search in a private dwelling?
Fresh and continues pursuit
Exigent Circumstances
Three parts to plainview
-lawfully present
-inadvertence
-Seizable evidence