MCOLES Laws of Arrest

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jmansfield106
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72554
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MCOLES Laws of Arrest
Updated:
2011-03-13 18:35:40
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MCOLES Laws Arrest KLETC 77th Academy
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MCOLES Laws of Arrest KLETC 77th Academy
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  1. Elements of a Valid Arrest
    • 1. Authority-The lawful authority granted to a peace officer.
    • 2. Intent- The arresting party must have the intent to arrest. The arrested subject should so be informed of this intent.
    • 3. Force- Some amount of force must be used, but only to the extent necessary to make the arrest. That force may be verbal or physical.
    • 4. Custody- Vervbal or physical custody or control must be exercised by the arresting officer.
    • 5. Submission- There must be a submission to the arrest by the arressted subject. This may be voluntary or forced. Submission is present when custody or control is gained.
  2. What gives an officer the authority to arrest with an arrest warrant?
    The signing judge has command the officer to make an arrest.
  3. What are the circumstances in which an officer may arrest without a warrant (for BASIC crimes)?
    • A felony, misdemeanor, or ordinance committed in the officers presence.
    • A felony that is not committed in the officers presence.
    • A felony was committed and the officer has PC to believe the person committed it.
    • The officer has PC to believe a felony was committed and PC to believe the person committed the felony.
    • The officer has PC to believe a misdemeanor punishable by imprisonment for more than 92 days or a felony has been committed and PC to believe the person committed it.
    • When the officer recieves positive information from an authoritative source that another officer or a court holds a warrant for the persons arrest.
    • The officer recieves positive information by broadcast from a recognizedpolice or other governmental radio station or teletype that affords the officer reasonable cause to believe that a misdemeanor punishable by more than 92 days or a felony has been committed and that the person committed it.
    • The peace officer has PC to believe the person is an escaped convict , has violated one or more conditions of parole from a prison, has violated a condition of a pardon granted by the executive, or has violated one or more conditions of a conditional release order or probation order imposed by a court of this state, another state, indian tribe, or U.S. territory.
  4. What are the circumstances in which an officer may arrest without a warrant (Accidents and OWI)?
    • The officer has PC to believe that a person was at the time of an accident in this state, the operator of a vehicle involved in an accident and was in violation of MCL 257.625(1), (3), (7) or 257.625m
    • The person is found in the driver's seat of a vehicle parked or stopped on a highway or street and any part of the vehicle intudes into the roadway and the officer has PC to believe the person was operating the vehicle in violation of MCL 257.625 (1), (3), (6) or (7). MCL 257.635a (1) (b) and MCL 764.15(i).
    • The officer has PC to believe the person was the driver of a snowmobile and was intoxicated or OUID, when involved in an accident
    • The officer has PC to believe the person was the driver of an off road vehicle (ORV) and was intoxicated or OUID, when involoved in an accident.
  5. What are the circumstances in which an officer may arrest without a warrant (Retail fraud)?
    The officer has PC to believe a violation of MCL 750.356c and 750.356d has taken place or is taking place, and PC to believe thatperson committed or is committing the violation, regardless it it was committed in the officers presence.
  6. What are the circumstances in which an officer may arrest without a warrant (School Property)?
    The officer has PC to believe a misdemeanor has taken place or is taking place on school property and PC to believe the person committed or is committing the violation, regardless whether the violation was committed in the officer's presence.
  7. What are the circumstances in which an officer may arrest without a warrant (Domestic Violence)?
    • An officer may arrest an individual for assault, A&B, and aggravated assault regardless of wether the violation was committed in the officer's presence , if the officer has or recieves positive information that another officer has PC to believe both of the following:
    • The violation occured or is occurring, and
    • The individual has had a child in common with the victim, resides or has resided in the same house as the victim, has had a dating relationship with the victim, or is a spouse or fromer spouse of the victim.
  8. What are the circumstances in which an officer may arrest without a warrant for a narcotic arrest?
    An arrest without a warrant may be made where the officer has PC to believe that a one year misdemeanor or higher drug violation is being or has been committed.
  9. What are the circumstances in which an officer may arrest without a warrant for Personal Protection Orders?
    • An officer, without a warrant, may arrest and take into custody an individual, when the officer has or recieves positive information that another officer has PC to believe all of the following:
    • A PPO or valid forign protection order has been issued.
    • The individual named in the PPO is violating or has violated the order.
    • The person has recieved notice.
    • The PPO states on its face that a violation of its terms subjects the individual to immediate arrest.
  10. What are the circumstances in which an officer may arrest without a warrant for violation of a conditional release?
    The officer , without a warrant, may arrest and take into custody a suspect whom the officer has or recieves positive information that another officer has PC to believe is violating or has violated a condition of release imposed by a court of this state, another state, indian tribe, or U.S. territory.
  11. What are the circumstances in which an officer may arrest without a warrant for violation of a child PPO?

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