Laws of Arrest Questions & Answers || Most Recent Exam
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cursory/pat search
Actions to protect officers from an assault but only if there are specific facts
that cause the officers to feel endangered. These are limited to a frisk of the
outer clothing, to
locate possible weapons, and not a search for evidence for contraband. Police
officers must be able to articulate specific facts which caused him to recently
believe the person might be carrying a weapon or dangerous instrument
CA PC 834
The basis for an arrest that may be made by a peace officer or a private
person. The arrested person must be taken into custody, in a case and in the
matter authorized by law
CA PC 836
Establishes the legal basis for an arrest by peace officers. Peace officers may
make an arrest pursuant to a warrant or without a warrant whenever they have
-Probable cause to believe the person to be arrested has committed a
public offense (felony or misdemeanor); -When the person arrested has
committed a felony, although not in the office your presence;
-Whenever they have probable cause to believe the person to be arrested
admitted to a felony, whether or not a felony has in fact been committed
,Knock and notice
A requirement that before entering a dwelling to make an arrest, with or
without a warrant, peace officers must give notice to the person inside
through certain actions.
Miranda warning
The four advisements which an officer must give a person at the start of a
custodial interrogation. They are:
1. You have the right to remain silent
2. Anything you say may be used against you in court.
3. You have the right to an attorney before and during questioning.
4. If you cannot afford an attorney, one will be appointed for you free of charge,
before questioning if you wish.
Pre-complaint warrant
An arrest warrant obtained before a complaint has been filed; sometimes
referred to as a Ramey warrant
Probable cause
A set of facts that would cause a person of ordinary care and prudence to
entertain an honest and strong suspicion that the person to be arrested is guilty
of a crime. Carries a higher standard of suspicion than reasonable suspicion.
, Public place
A location readily accessible to all those who wish to go there including law-
enforcement. A key consideration is whether a member of the public can access
the
place "without challenge." Thus, a property with a locked fence is not readily
accessible. Other things, such as dogs in the yard for example, show the public is
not welcome
Reasonable suspicion
Enough facts and information to make it reasonable to suspect that criminal
activity is
occurring, and the person detained is connected to that activity; it is required to
justify a detention.
Search
Governmental infringement or intrusion upon an expectation of privacy that
society is prepared to consider reasonable
Seizure of a person
A peace officer's physical application of force or a person's voluntary
submission to a peace officer's authority
Seizure of property
Some meaningful interference by the government with an individual's
possessory interest in that property