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6 Cards in this Set
- Front
- Back
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602 PC
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TRESPASSING (MISD)
• any person who enters and occupies • real property or structures of any kind • w/o consent of the owner, the owner's agent, or the person in lawful possession, or • refusing to leave upon request |
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834 PC
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ARREST
• taking a person into custody in a case and in the manner authorized by law |
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835 PC
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METHOD OF ARREST
• an arrest is made by actual restraint of the person, or by submission to the custody of an officer • reasonable restraint for the arrest and detention may be used |
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PC 835a
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EFFECTING ARREST; RESISTANCE
- any peace officer who has PC a public offense has been committed by susp: • may use reasonable force to effect arrest, overcome resistence or prevent escape - PO who makes or attempts arrest: • need not retreat or desist from his/her efforcts • by reason of resistance or threatened resistance of the person being arrested • nor shall such officer be deemed an aggressor • or lose right to self defense |
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PC 836(a)
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LEGAL BASIS FOR ARREST
- Ofc may make arrest - pursuant to warrant OR - w/o a warrant when: • Have PC to believe person committed public offense (M or F) in their presence • committed a felony, although not in officers presence • PC to believe susp. committed felony whether or not a felony has in fact been committed. |
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PC 837
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PRIVATE PERSON ARREST
• private person may arrest another • for public offense committed or attempted in his/her presence OR • when person arrested has committed a felony, although not in presence, when felony has in fact been committed, and has reasonable cause for believing person arrested committed it. |
