Flashcards in Law Enforcement Deck (14):
______ may make arrest for felony or misdemeanor if based on probable cause.
Felony arrests may be made with or without arrest warrant.
___________ misdemeanor arrests valid only if offense occurred in officer's presence.
warrantless felony arrests in home unconstitutional in absence of emergency or consent. No emergency justifies warrantless misdemeanor arrest in home.
Exists when facts and circumstances within officer’s knowledge and of which he has reasonably trustworthy information are sufficient in themselves to cause a person of reasonable caution to believe offense has been committed and that person to be arrested committed it.
Authority to make citizen arrests for felonies or misdemeanors involving breach of peace if
crime actually occurred & (No reasonable mistake of fact defense)
citizen reasonably believes suspect committed offense. (reasonable mistake of fact = defense)
Arrest elements for Private Persons
Officer or private citizen may use___________ force (prevent crime or make arrest after crime committed) if person reasonably believes that:
person is committing or has committed felony, or misdemeanor amounting to breach of peace, &
force used is necessary to prevent commission of offense or effectuate arrest (including preventing escape).
Deadly force may never be used (by officers or private people) to prevent a ____________ or effectuate arrest for a misdemeanor
_________ force only permitted if officer/private party reasonably believes person is about to commit atrocious/forcible felony
officer may use ________ ______ upon another if he reasonably believes:
suspect committed forcible/non-forcible felony, &
force is necessary to make arrest or prevent escape.
_______ ______ may use deadly force, if reasonably necessary, to arrest felon but defense ordinarily narrower than for officers. If:
(1) forcible felony,
(2) gives notice of intent,
(3) must be correct
Prohibits unreasonable searches & seizures of persons & property.
_______________ for officer to use deadly force against escaping felony unless:
Officer has probable cause to believe suspect poses a significant threat of death or serious physical injury to officer or others, AND
Officer reasonably believes deadly force necessary to make arrest or prevent escape