Chapter 5 Pt. 1 Flashcards
Arrest in people’s ________ _______ cannot be made without a warrant unless extingent circumstances exist (hot pursuit)
Private residences
Arrests in the homes of third parties are impermissible without a search warrant and an arrest warrant, again providing that no exigent circumstances exist.
True
Arrests in the home must be accompanied by warrant if _________________.
No exigent circumstances exist
Two types of arrests do not require warrants
1.
2.
- Arrests in public
2. Arrests in the presence of exigent circumstances
Are warrants required for public arrests?
No
Five common types of exigencies justify warrant less arrest 1. 2. 3. 4. 5.
- Hot pursuit
- Danger to officers
- Danger to third parties
- Possible escape
- Possible destruction of evidence
What is the Supreme Court case where they ruled that if police have probable cause to believe a person who is being pursued has fled into private residence, the officers can follow that suspect into the residence (or other private structure).
Warden v. Hayden
The Hayden decision thereby ushered in the “hot pursuit” doctrine.
True
- Knock and announce requirement
- Property damage during the service of a search or arrest warrant
- Deadly force
- Wrongful arrests
Significant restriction concerning the service of warrants
What case did the court hold that the police can abandon the knock and announce requirements if they have reasonable suspicion that such a requirement would be dangerous or futile or that it would inhibit the effective investigation of the crime by for example allowing the destruction of evidence?
Richards v. Wisconsin
Mere entry without an announcement constitutes what?
Breaking and entering in the eyes of the Supreme Court
When the damage becomes excessive the fourteenth amendments due process clause kicks in.
True
What is authorized when the crime in question is a felony and when such force creates no substantial risk to innocent persons and the officer reasonably believes that there is a substantial risk tha to the fleeing felon will inflict harm on other people or pice officers?
Deadly force
What is the Supreme Court case that held that deadly force to effect an arrest may be used only when 1 it is necessary to prevent the suspects escape 2 the officer has probable cause to believe the suspect poses a threat of death or serious physical injury to other people or police officers?
Tennessee v. Garner
What court case set the standard for the use of non deadly force. The court declared that all claims against police officers involving allegations of excessive force must be analyzed under the fourth amendments reasonableness requirement?
Graham v. Connor 1989
