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17 Cards in this Set
- Front
- Back
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Arrest
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Officers may make an arrest pursuant to a warrant or with out a warrant in their presense, felony, if they have probable cause to beleive that person has commited a felony..
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Communication to arrestee
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Intent(tell person that they r being arrested), Cause(name of offense or warrant), and Authority(uniform or if not id)***NOT when person is commiting the offense or person is attempting to escape
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Misdemeanor Arrest
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In officers presence
**Exceptions Juveniles, DUI, Loaded firearm in public(Vehicle included), restraining order of DV, DV assault or battery, Assault or battery in a school, assault or baterry on emt ..cop..etc, concealed gun at airport. |
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Warrantless Arrest
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For felonies any time any place, for misdemeanors(6-10)**Unless crime commited in presence, arrested in public place, already in custody for another crime
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Arrest Warants
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Usually in persons residency
Warrant needs name of person, crime, bail amount..etc |
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Ramey Warrant (pre-complain)
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Before a criminal complaint has been filed.based on affidavit(statement by officer based on probable cause)
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Knock and notice
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Can go in with consent, "no knock warrant", Exigent circumstances(hot pursuit, imminent threat to life or property like smell of gas, destruction of evidence or suspects escape.
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Private Person Arrest
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Can arrest for felony, misdemeanor, or infraction.Can arrest for felony they have probable cause to beleive person did.
Must take before judge or deliver person to officer. 4th amendment does not cover provate persons. |
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Cite and release
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If person fails to have id, or refuses to sign..they can be taken in to jail.
Also to drunk, medical care, and others.. |
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5th Amendment
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No person, shall be compelled in any criminal case be a witness against itself..
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Exigent Circumstances for Miranda
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If its for safety you do not have to say them right away..
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Miranda
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Spontaneous statements are admisable, volunteered statements are also admisable..
* only applies to spoken statements...Physical evidence does not count.. Have to be coherent..normal drunk when they still know their name and adress |
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Interviews vs. Interrogations
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Interviews are mostly of victims and witnesses and take palce at the crime seen.
Seperate involved parties. Interrogations elicit a response likely to incriminate suspect.** if a person remains silent it is assumed that the have invoked their miranda rights.. |
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Confession vs. Admission
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Confession of all the story, Admission only partially involved.
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Interrogations
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Can not use coercion(mental or physical threats), Subterfuge(trickering) is acceptable)
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Protective Sweep
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Brief search for individuals
Has to be legally inside property..You can seize evidence obtained during a protective sweep. |
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Custodial Lineup
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Live people, can have an lawyer present during this.
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