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 |