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AJ2 CH7/Notes

Laws Of Arrest

QuestionAnswer
What part of the 4th amendment pertains to arrests? The requirement that restricts unreasonable search and seizure
A search occurs when governmental action.... .. infringes on expectation of privacy
When has a "seizure" taken place per case law Florida v. Bostic? When government restricts your freedom to go about your business by show of force or other assertion of official authority.
Name the three categorizations of police contact with citizens. 1. Consensual Encounter, 2. Detentions aka Stops, 3. Arrests
Of the three types of contacts with citizens by police, which does not require probable cause? Consensual Encounters and Stops
What could be the result of an improper stop by the police? What is this rule referred to. This is the exclusionary rule that states any evidence resulting from an unreasonable search and seizure shall be excluded from trial.
PC834 defines an arrest as... taking a person into custody in a case and in the manner prescribed by law.
Which of the following is NOT a casual encounter. A. Officer asking to see pedestrians ID, B. Officer approaching occupants in parked car C. Officer holding your arm as you try to turn away, D. Officer knocking on your private residence. C. The holding of the arm means the encounter is no longer consensual. It now becomes a detention (Stop).
What are the two most common types of Stops? The traffic stop and the pedestrian stop.
For a STOP to be valid, what must an officer be able to do? He/she must be able to articulate the suspicion that the detained may be involved in criminal activity.
What is a cursory pat down and when does it go beyond a simple detention? Running the hands over the outer layer of the clothing. Once you go into the pocket, it is no longer a detention.
Police Officers must complete training within ____ days of being employed. 90
What ruling came out of People v Ramey Police cannot enter a private home without consent, a warrant, probation or parolee issue, or under exigent (emergency) circumstances
What are the three ways in which an officer could make an arrest WITHOUT a warrant? 1. Probable Cause because public offense committed in officers presence, 2. Though not in officers presence, person committed a felony, 3. Officer has PC to believe person committed felony whether or not in officers presence.
Misdemeanor violators can only be arrested when act committed in officers presence. T/F. False, Misdemeanor need NOT be committed in Officers presence to satisfy amendment 4.
How long after arrest must a detainees wait before seeing the magistrate? 48 hours
What is the fine an officer may receive for not accepting an arrestee $10,000
Once started, how can a citation be voided. How charged if voided or altered? Once started can only be voided by the judge. Altering or voiding is a misdemeanor.
What is Probable Cause Such facts as would lead an ordinary citizen to believe that the person targeted is guilty of the crime
For an officer to constitute probable cause, he must be able to _________ the facts that gave rise to the finding Articulate
No person under the age of ___________ can be used as a police informant Thirteen
Why would a volunteered statement made by a suspect not be subject to Miranda protection Because it was not prompted by interrogation
T/F, either being in custody or interrogating the prisoner will autimatically trigger the need for Miranda False. Must be the combination of custody AND interrogation because of the psychological compulsion to testify.
What must be done when interrogating a juvenile murder suspect? The interrogation must be recorded.
When are volunteered statements inadmissible Volunteered statements are always admissible.
What times can a warrant for arrest be served if the violation was a felony? Warrants for felonies can be served anytime day or night
What could be the punishment for an able bodied person over 18 who refuses to join the posse comitatus Could be fined for as low as $50 or as high as $1000.
Diplomatic immunity protects you from traffic tickets or from allowing police to intervene to stop a serious crime False.
How many phone Calls are you allowed after arrest? What if you were the custodial parent of a minor child? Three. Five
A juvenile can make _____ phone calls within ____ hours of being arrested? Two, One.
As it pertains to entrapment, what is the biggest factor? The Officers intent
Two or more persons agreeing to do a crime wherein at least one of them does an overt act is called a ___________ Conspiracy
What percentage of arrests are made WITHOUT a warrant? Over 95%
How, per PC 835, IS an arrest made? By actual restraint or by submission to the custody of the officer.
What per PC 841 is the officer required to tell the arrestee? 3 things. 1. The intention to arrest, 2. The reason for the arrest, 3. The authority to arrest
T/F - members of Congress are exempt from being arrested. False, there are no Congressional exemptions
It's my plan and I did the crime. What am I? A Principal
You can come in here and hide. Now I am a .... Accessory (done after the criminalact)
Which Penal Code deals with perjury PC 118a
This Penal Code deals with Bribing Executive Officers (pg. 78). Penal Code 67
This Penal Code deals with Employment outside the Department PC 70
What does wearing a uniform or in any other way impersonating an officer do to the received sentence? It is a misdemeanor but if done during the commission of a felony, it adds one year to the sentence
This Penal Code defines arrest PC 834
This Penal Code deals with resisting arrest PC 834a
This Penal Code deals with how an arrest is accomplished PC 835
This Penal Code deals with Giving False Identification (pg 104) PC 148.9
Created by: JeromeG