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Law 9

Laws of Arrest and Search and Seizure

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