Chapter 6 - Arrests and Force Flashcards
(16 cards)
Arrest
Seizure of a person against their will for criminal prosecution
A valid arrest is determined by …
Federal constitutional standards, requires probable cause
Probable cause
Facts and circumstances known to the officer that warrant the belief of a crime being committed
What applies to the 4th Amendment
Arrest, stop and frisk, border searches, and roadblocks
Seizure
Taking custody of a person, doesn’t mean an arrest
A seizure is based on …
Perception of a reasonable person based on all of the circumstances
Detention must …
Not be longer than what the circumstances call for
Warrant
Writ by a magistrate that allows an officer to seize a person or search a location
Warrant Needed 1
If the crime committed was not in the officers’ presence
Warrant Needed 2
If it is a private residence or no reason for immediate arrest
Warrant Needed 3
Home entries for minor offenses
The warrant must have …
Probable cause to arrest or search
Citation
Writ from the court ordering a person to appear in court on a specific date
Warrant Not Needed 1
Felony or misdemeanor committed in the officer’s presence
Warrant Not Needed 2
Crime in a public place
Warrant Not Needed 3
Emergency circumstances or danger to officer