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Law 9
Laws of Arrest and Search and Seizure
| Question | Answer |
|---|---|
| arrest | restraint of a person |
| Who makes the arrest? | peace officer or a private person |
| the 4 elements of arrest | 1) intent to arrest 2) authority to arrest 3) subjection to the arrest 4) understanding by the arrestee that an arrest has happened |
| The person making the arrest inform the person being arrest of his | intention, cause and authority to arrest him |
| Does an individual violate the law if he refuse to help an officer make an arrest? | yes, Class B misdemeanor |
| Is a person detained by an officer under arrest? | No, and will be released after the investigation. But if during the investigation, a cause develops, the individual can be arrested |
| "John Doe" | if the person, but not the actual identity is known |
| when can warrants for felonies be served? A misdemeanor warrant? | Serve at any time. Only during the daytime |
| Electronic warrants | index system, indicating that written warrants exist, although not necessarily in one central storage area. |
| Computer-memory warrants | information stored in the computer's memory system. Can be printed out when the arrestee is brought into jail |
| Circumstances when officer do not need a warrant to make an arrest | 1) arrestee commit or attempt an offense 2)person may felee or conceal himself 3) destroy or conceal evidence 4) injure another person or damage property 5) drunk driving |
| Utah Retail Theft law | allows a peace officer, merchant, merchant's employee to detain a person |
| The Library Theft | peace officer or employee of a library may detain a person |
| What happens to a person after he is arrested with a warrant? | booked into jail or brought before the judge, along with written instructions on the arrest warrant |
| What happens to a person after he is arrested without a warrant? | taken to the judge, information stating the charge of the person is made before the judge |
| what must a citation contain? | the name & address of the court, name of the person cited, description of the charge, date time and place the offense occurred, date citation issued, name of officer, appearance deadline |
| Benefits of citation | avoids the cost of jail adminsitration, and booking fewer people |
| What percentage of citation is disposed? | 90% |
| how long is a search warrant valid for? | 10 day period and can only be served durign daylight hours unless the judge specifies that it can be served at night |
| One way when serving a search warrant | officer knowck on the door, annouces his purpose and authority, and produce the warrant to search. |
| Another way search warrant is served | "no knock entry" officers do not announce entry and make an immediate forced entry |
| plain view of doctrine | officer can seize other evidence beside what is listed in the search and warrant |
| an exigent circumstances | immediate response or prompt action is required in order to lessen the problem |
| examples of exigent circumstances | life of death situations, a suspect is escaped/ing, evidence is being destroyed, protect the officer |
| lunging distance | the area within reach of the arrestee, may be searched for weapons or evidence |
| Carroll v. U.S. and Ross V. U.S. | Court officers can search a vehicle without a search warrant |
| Affidavit | contain the premises to be searcha nd the property to be seized |
| Terry v. Ohio | police is authorized to stop and question person and to frisk them |
| exclusionary rule | any evidence or testimony that officers gain through improper means will be excluded from court. |
| Weeks v. U.S. and Mapp v. Ohio | the two cases established the exclusionary rule. Weeks - made rule pretain to federal cases. Mapp - made rule apply to all cases nationwide |
| Modus Operandi | method of operation |
Created by:
Tiffastic
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