Ld 15- Laws Of Arrest

Front 1

Fourth Amendment. If peace officers are not able to show_________ an arrest may be considered__________ and the evidence is_____________.

Back 1

Probable cause, invalid, excluded

Front 2

Miranda decision relates to which amendment

Back 2

Fifth Amendment

Front 3

Peace officers cannot interrogate once this is invoked

Back 3

6th amendment

Front 4

A warrantless arrest must be supported by__________________ or it is a violation of the Fourth Amendment

Back 4

Probable cause

Front 5

Conditions for warrantless misdemeanor arrest

Back 5

When there is probable cause to believe person arrested committed misdemeanor in their presence

Front 6

The officers may make a warrantless arrest if there is probable cause even though a misdemeanor was not committed in the officer's presence in the following circumstances

Back 6

Committed by a juvenile ,driving under the influence , carrying and loaded firearms on a person or in a vehicle while in any public place or on any public Street , violating a domestic protective order restraining order when the officer was responding to a call alleging the same,

Front 7

A warrantless misdemeanor arrest can be made if the person is not in their presence when....

Back 7

Committing in assault or battery on a spouse , committing an assault or battery on school property while school is in session ,committing an assault or battery against a First Responders carrying concealed firearm at an airport

Front 8

A warrantless felony arrest can be made when....

Back 8

There is probable cause to believe the person has committed a felony are there any officers presence or not

Front 9

Warrantless arrests for felonies may take place...

Back 9

Ant time of day or night

Front 10

Warrantless arrest for misdemeanor or infraction must be made...

Back 10

Between 6 a.m. and 10 p.m. -----unless the person commit the crime in the officer's presence , is arrested in a public place , or is already in custody pursuant to another arrest

Front 11

A Ramey warrant allows a peace officer to........

Back 11

Obtain an arrest warrant before a criminal complaint has been filed

Front 12

Knock and notice exceptions

Back 12

Hot Pursuit, an imminent threat to life, to property. of the suspect's Escape or destruction of evidence

Front 13

C + I = miranda

Back 13

Custody plus interrogation. Both must exist before Miranda warning is necessary m

Front 14

Custody defined as_______________

Back 14

Actually placed under arrest. Subject to the kinds of restraints associated with formal arrest handcuffs guns Lockups excetera

Front 15

Police officers enter a room with guns drawn must they give the Miranda warning?

Back 15

Yes because of the arrest like restraints

Front 16

Suzanne is arrested and the officer said that was a cold thingyou did selling him that hot car

Back 16

This is interrogation because it is likely to elicit incriminating response

Front 17

Statements Volunteered by a person and not as a direct result of interrogation are not affected by Miranda true or false

Back 17

True. Can Be consensual encounters, detention , arrest, booking process , Transportation , or after the person has invoked the Miranda Rights

Front 18

Volunteer statements are admissable as evidence true or false

Back 18

True. like after a person ask for a lawyer he said I just want to say off the record I didn't mean to kill that dude

Front 19

A waiver of Rights may be either Expressed, implied or conditional. Expressed---

Back 19

Express---- answers yes or no question about going forward with questions. After giving advisement peace officer asks can we talk about what happened

Front 20

Implied waiver Miranda Rights

Back 20

Acknowledgements understanding and when the peace officer asks questions the person answers

Front 21

Conditional waiver of Miranda Rights

Back 21

AcKnowledge understanding but places a limitation on answers, ie some questions but not others

Front 22

Once a person invokes the right to silence Miranda required all interrogations must cease, however when the circumstances change..

Back 22

. A. Period Of time has gone by, AND we officers have new information and /or they want to ask about a different crime.

Front 23

A right to have an attorney can only be invoked by_________

Back 23

A clear and express request for an attorney

Front 24

When a juvenile is taken into temporary custody does the Miranda warning have to be given

Back 24

Yes

Front 25

Compliance with Miranda allows me to statements the person makes to be___________________

Back 25

Admitted against him at trial to prove guilt without violating the first his Fifth Amendment right against self-incrimination

Front 26

Miranda warning is required when

Back 26

An officer is about to interrogate a person in custody