Arrest Flashcards

1
Q

What Constitutes a Seizure?

A

A seizure occurs when, under the totality of the circumstances, a
reasonable person would feel that they were not free to decline the
officer’s requests or otherwise terminate the encounter.

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2
Q

Arrests

A

An arrest occurs when the police take a person into custody against
their will for purposes of criminal prosecution or interrogation.

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3
Q

Arrest in the home

A

police generally must have a warrant to effect a nonemergency arrest of a person in their home.

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4
Q

Arrest in Public

A

A warrant generally is not required before arresting a person in a public place.

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5
Q

TERRY STOPS

A

The police have the authority to briefly detain a person even if they lack probable cause to arrest. If the police have a reasonable suspicion of criminal activity or involvement in a completed crime,
supported by articulable facts (that is, not merely a hunch), they may
detain a person for investigative purposes. If the police also have
reasonable suspicion that the detainee is armed and dangerous, they may frisk the detainee for weapons.

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6
Q

Reasonable Suspicion

A

Reasonable suspicion is more than just vague suspicion but is less
than probable cause. Whether the police have reasonable suspicion
depends on the totality of the circumstances.

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7
Q

Reasonable Suspicion and informants

A

When reasonable suspicion is based on an informant’s tip, there must
be an indicia of reliability

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