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22 Cards in this Set
- Front
- Back
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Arrest |
An arrest is an actual Restraint of a person arrested or submission that custody the person shall not be subjected to any more restraint than necessary for his arrest and detention |
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Probable cause |
The facts and the circumstances within the officer's knowledge and of which they have reasonable trustworthy information are sufficient and themselves to Warrant a person of reasonable caution in the belief that an offense has been or is being committed |
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When can a peace officer make an arrest |
For any public offense committed or attempted in his presence. When he has reasonable cause to believe a felony or class A misdemeanor has been committed and the suspect committed it. When he has reasonable cause to believe the person has committed a public offense and the person may fully or concealed himself to avoid arrest, destroy or conceal evidence of the commission of the offence or injure another person or damaged property belonging to another person. When the peace officer has reasonable cause to believe the person has committed the offense of failure to disclose identity under Section 76 - 8 - 301. 5 When the peace officer has reasonable cause to believe that the person is an alien, subject to civil removal order issued by immigration judge, regarding whom a civil detainment warrant has been issued by the Federal Department of Homeland Security or has been charged or convicted in another state with one or more aggravated of felonies as defined by 8 U.S.C. sec. 1101 |
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When can a private person make an arrest |
For a public offense committed or attempted his presence When a felony has been committed and he has reasonable cause to believe the person arrested has committed it |
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What are the legal requirements for issuance of an arrest warrant |
1 magistrate must find a buy 2 probable cause that the 3 person to be arrested committed 4 public offense |
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What is the manner an officer must follow in making an arrest |
1 inform the person being arrested of 2 his intention 3 cause and 4 authority to arrest him Not required in the following circumstances A There is reason to believe the notice will endanger the life or safety of the officer or another or will likely enable inkscape B the person being arrested is actually engaged in a offense or an attempt to commit an offense C the person being arrested is pursued immediately after the commission of an offence or an escape |
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When can a warrant be served for a felony and misdemeanor |
Felony - anytime Misdemeanor not during night exceptions if the police officer encounters them at a public place or if the police officer encounters them on a call they get called to in a private place Night is between 10 p.m. to 6 a.m. |
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What force may be used in making an arrest |
An officer may use reasonable Force in effecting an arrest |
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Deadly force may only be used when |
A Executions B Affecting the rest or preventing into escape from custody following getting rest where the officer reasonably believes that deadly force is necessary to prevent the rest from being defeated by Xscape and the officer has probable cause to believe that the suspect has committed a felony offense involving the infliction or inflicrion of death orserious bodily injury or the officer has probable cause to believe the suspect poses a threat of death or serious bodily injury to the officer or another is apprehension is delayed C the officer reasonably believes that the use of deadly force is necessary to prevent death or serious bodily injury to the officer or another |
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What is the effect of an unlawful arrest upon the admissibility of evidence is incidental to the rest |
Evidence seized incident to an unlawful arrest may be suppressed as fruit of the poisonous tree unless inevitable or good faith exception apply |
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Search incident to arrest Doctrine |
One officer May search the person of the arrestee and the area within the arrestee's immediate control, grab area incident and contemporaneous 2 incident and contemporaneous to an arrest 3 the to an arrest 3 the grab area includes the passenger compartment of an automobile even if the occupant is arrested handcuffed and seated in a nearby Patrol vehicle 4 A search is contemporaneous long as it follows in a routine continuous sequence of events occurring during the same period of time as the rest in other words search the passenger compartment as soon as tractable |
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Detention of shoplifting suspect |
A peace officer or Merchant who has reasonable grounds to believe that Goods have been taken by a suspect May detain the person in a reasonable Manner and for a reasonable time |
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Arrest of a shoplifter suspect |
A peace officer May arrest without a warrant any person the officer has reasonable grounds to believe has committed to a retail or library theft |
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When can an officer stop and question a suspect |
A peace officer may stop any person in a public place when he has reasonable suspicion to believe he has committed or is in the act of committing or is attempting to commit and public offense mad man his name address and an explanation of his action |
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Three levels of detainment |
Level 1 consensual encounter Level two reasonable suspicion Level 3 probable cause for arrest |
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Level 1 consensual encounter |
Approach of a citizen The citizen must think he is free to leave Officer may ask questions only |
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Level two reasonable suspicion |
The person is detained against his will The officer must have a reasonable suspicion that the person has committed or is about to commit a crime The court will view the situation in light of the totality of the circumstances This includes Officers Training and experience The officer may only detain the person as long as is necessary to effectuate the purpose of the stop |
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Level 3 probable cause for arrest |
Arrest The officer must have probable cause to believe an offense has been committed or is being committed Miranda applies |
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When can an officer Frisk a suspect for a weapon |
A peace officer May Frisk a detainee for dangerous weapons if he has reasonable belief he or any person is in danger |
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What is fresh Pursuit |
Fresh Pursuit refers to the common law right of police officers to cross jurisdictional lines in order to arrest a felon. 77- 9 - 1 permits an officer from a foreign state to enter the state of Utah if he is in fresh pursuit of a person in order to arrest him on the ground that the suspect committed a felony in the foreign state. Fresh Pursuit does not require instant action but Pursuit without unreasonable delay. |
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1 million officer exercise Authority beyond the limits of his normal jurisdiction |
77 - 9 - 3 a peace officer of this state may exercise his authority beyond the limits of his normal jurisdiction, after notifying the respective jurisdiction prior to or soon afterwards, under the following circumstances When and fresh pursuit of an offender When a public offence is committed in his presence When assisting or cooperating with another jurisdiction |
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When was the citizen render Aid to a peace officer |
A person must ate a peace officer in effecting an arrest or in preventing the commission of an offence by another person if commanded by a identifiable or identified peace officer. 76 - 8 - 307 |
