Criminal Procedure - Law of Arrest

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Criminal Procedure - Law of Arrest
2012-01-28 13:51:21
VA barbri

Criminal Procedure - Law of Arrest
Show Answers:

  1. When does an arrest occur?
    • whenever the police take someon into custody against her will for prosecution or interrogation
    • de facto arrest when police compel someon to come to the police station for questioning or fingerprinting
  2. standard of proof for arrest?
    probable cause
  3. For what offenses does 4th Amendment permit a custodial arrest?
    All offenses, even those punishable by fine only
  4. When do you need a warrant to arrest someone?
    • No warrant necessary to arrest someon in a public place for felonies; and no warrant needed for misdemeanors in officer's presence
    • Home: Absent emergency, need warrant to arrest
    • Home of a third party: need arrest warrant and search warrant
    • Common enterprise theory: for traffic stop where police discover evidence of crime suggesting common unlawful enterprise w/ passengers, officer may arrest any or all, based on reasonable inference of shared dominion/control of contraband
  5. VA Law of Arrest (codified)
    • Felonies: an officer may arrest any person who commits any crime (not traffic offenses) in the officer's presence, or reasonable grounds/probable cause to suspect commission of felony not in officer's presence
    • Other Crimes: may arrest for an alleged misdemeanor not committed in presence when - 1) officer receives telephone or radio message that warrant is on file, or 2) offense involves assault and battery and based on probable cause of eyewitness complaint
    • Exceptions to warrant requirement for arrest: motor vehicle crimes, shoplifting, warrant on file, public drunkenness, assault and battery against family or household member