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3 Cards in this Set

  • Front
  • Back
When an officer can make an arrest
-With a warrant
-Reasonable cause to believe the person to be arrested has committed a public offesnse in the officer's presence.
-The person to be arrested has committed a felony, although not in the officer's presence.
-The officer has reasonable grounds to believe the person to be arrested has committed a felony, whether or not a felony, in fact, has been committed.
When a person can't be released on misdemeanor citation
-Person is intoxicated and danger to himself or others
-person requires medical treatment
-person arrested under one or more of the circumsances listed in VC-40302 and 40303 (no id, refuses to sign, 23152 mandatory, may arrest or cite for 10852, 10853, 2800's, 23109, 14601's)
-person has noe or more outstanding warrants
-person could not provide satisfactory evidence of personal ID
-prosecution would be jeopardized by the person's immediate release.
-reasonable liklihood that the offense would be continued or that the safety of persons or property would be imminenlty endangered by release of the person
-person demanded to be taken to magistrate or refused to sign the notice to appear.
Exceptions to the misdemeanor arrest rule
-J's may be arreste dfor a misdemeanor even thought the crime did not occure in the officer's presense. (WI 625)

-Person may be arrested when PC for DUI. No requirement the officer personally witnessed the driving. (VC 40300.5)