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3 Cards in this Set
- Front
- Back
When an officer can make an arrest
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-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. |
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When a person can't be released on misdemeanor citation
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-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. |
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Exceptions to the misdemeanor arrest rule
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-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) |