Crim Pro 3

LAW OF ARRESTS

1) When does an arrest occur?
2) What standard of proof is needed to arrest someone?
1) ARREST OCCURS WHERE police
- take someone into CUSTODY, against his will for PROSECUTION or INTERROGATION
- compel someone to come to police station for QUESTIONING or FINGER PRINTING
2) PROBABLE CAUSE is needed for arrest
LAW OF ARREST

For what offenses can you be arrested?

ALL OFFENSES, even those punishable only be a monetary fine
LAW OF ARREST

Is a WARRANT needed for an arrest in

1) Public space?
2) Arrestee's home?
3) Home of a third-party?

1) No arrest warrant needed—just PC

2) Arrest warrant needed—except in EMERGENCIES or HOT PURSUIT

3) Arrest AND Search warrants needed—except for HOT PURSUIT
LAW OF ARREST

Common unlawful enterprise theory

1) When does it occur?
2) Who may be arrested?
1) OCCURS in a
- TRAFFIC STOP, when officer
- discovers EVIDENCE of a CRIME suggesting a
- COMMON UNLAWFUL ENTERPRISE among the car's occupants
2) ANY or ALL of the car's occupants may be arrested

Author

paul

23824

Card Set

Crim Pro 3

Description

Crim Pro 3 - Law of Arrests

Updated

2010-06-16T22:34:22Z

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