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Gen. Man. Proc. 502

Warrantless Arrests, Searches, and Seizures

QuestionAnswer
An officer makes a warrantless arrest only if he has enough __ knowledge or __ information to constitute ____ ____ upon which an arrest warrant could be issued, if __ permitted. personal, reliable, probable cause, time
The officer making a arrest without a warrant may not enter a residence to make the arrest unless, a person who resides in the residence __ to the entry; or __ circumstances require the officer making the arrest to enter without __ or without a __. consents, exigent, consent, warrant
__ cause to arrest exists when an officer has reason to believe through __ knowledge or __ information; a person has committed an offense. Probable, personal, reliable
To establish __ cause, the officer does not need the amount of evidence to __ beyond a __ doubt a person is __ of committing an offense. probable, prove, reasonable, guilty
Only that amount of __ which __ shows a particular person __ or most likely committed an offense is required. evidence, reasonably, probably
True or False? Under certain circumstances in misdemeanor cases, for good cause consistent with public interest, an officer may decide not arrest even though probable cause exists. True
When determining not to arrest for misdemeanor offenses; the victim must positively state he is not interested in prosecuting the offender because he? desires restitution only, is in a continuing relationship or family-type relationship with the offender, or the actual injury done to persons or damage done to property is minimal.
When determining not to arrest for misdemeanor offenses; the offender can be released to the custody of another __ which __ in handling the type of case in which he is involved. ( i.e. Armed Police Forces) agency, specializes
When determining not to arrest for misdemeanor offenses; the arrest would result in __ harm to the victim than would non-arrest. greater
Officers shall, under normal circumstances, inform persons about to be arrested of the following? the officers intention to take the person into custody, the reason for the arrest, the authority for the arrest, and the persons rights as per Miranda Warning.
Officers read SAPD form __, to offenders taken into custody, including __, prior to questioning regarding the offense for which they are arrested. #66-E Rights Warnings, jueveniles
Upon giving consent to search, the consenting person __ any right to object to the search on the constitutional grounds. relinquishes
Officers, prior to conducting a search by consent, will complete and have the consenting person sign SAPD Form __. #2091-A Consent For Search of Private Premises
Search of a Vehicle Under a Movable Vehicle Exception: The officers determination of probable cause must be based on objective facts that could justify the issuance of a search warrant by a __ or __. judge or magistrate
Crime Scene Search: While at a crime scene, officers may seize any __, __ of the crime, or __ that falls within the scope of the ____ _____ Doctrine. evidence, fruits, contraband, Plain View
Officers may conduct a quick and limited __ search for the safety of officers and persons in the area. protective sweep
In the absence of the __ Doctrine or __ circumstances, officers shall obtain a __ to search a crime scene. Plain View, exigent, warrant
True or False? A search warrant is necessary if a crime scene is located in a public place. False: is NOT
Inventory searches of impounded or seized vehicles is intended to protect: a) the __ property while it remains in police custody, b) the __ against claims or disputes over __, __, or __ property c) the __ and __ from potential danger. owners, police, lost, stolen, vandalized, police and others
Any property or items may be seized without a search warrant under the Plain View Doctrine if an officer __ the property or items as __, has a __ right to be in a position to __ the property or items, and does not intrude on any persons __ expectation of privacy. recognizes, seizable, legal, view, reasonable
Created by: toniazzo