Crim Pro 3

Card Set Information

Author:
paul
ID:
23824
Filename:
Crim Pro 3
Updated:
2010-06-16 18:34:22
Tags:
Law Arrests
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Description:
Crim Pro 3 - Law of Arrests
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  1. 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
  2. LAW OF ARREST

    For what offenses can you be arrested?
    ALL OFFENSES, even those punishable only be a monetary fine
  3. 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
  4. 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

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