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Unformatted text preview: ur r ights are. time or to answer any questions. Anything you say can be used against you in cour t. m with you dur ing questioning. ight t o st op answer ing at any time. You will also have the r ight to stop answer ing at any time until you t alk t o your lawye Felony bypassing a preliminar y hear ing and refer r ing t o the Grand Jur y. d charging. tion; defendant not present and doesn’t t estify ment. nar y Hear ing t at es use hear ing as a step to tr ial. use hear ing to bind over t o a grand jur y. t of preliminar y hear ing is infor mation. rd of proof is probable cause. Chapter 3: Arrest and Custody Key Words: Arrest- the seizure of a person to answer for a criminal charge Booking- the process that officially records an entry into detention after an arrest Consular immunity- the limited immunity granted to consuls and their deputies as representatives of a foreign government Diplomatic immunity- the immunity granted to diplomatic officers, their staffs, and their families by which they are free from local jurisdiction and as such cannot be arrested or detained for any offense unless they are permanent residents or citizens of the U.S. Legislative immunity- statutory provisions that grant limited immunity to legislative members while attending or going to legislative sessions Miranda warning- warnings required before officers can interrogate a suspect who is in detention Private person arrest- an arrest by a person who does not have a peace officer status Reasonable suspicion- a suspicion based on facts or circumstances which by themselves do not give rise to the probable cause requisite to justify a lawful arrest, but which give rise to more than a bare suspicion, that is, a suspicion that is reasonable as opposed to imaginary or purely conjectural. A suspicion based on facts that would cause a reasonable person to conclude that criminal activity is ongoing or has occurred Resisting arrest- the act of resisting a lawful arrest; a crime Stop and frisk- the act of stopping a person for investigative purposes and frisking him or her for the presence of a weapon Summons- an order issued by a judicial officer or, pursuant to the authorization of a judicial officer, by the clerk of a court, requiring a person against whom a criminal charge has been filed to appear in a designated court at a specified date and time Temporary detention- a brief investigative detention Terry stop- an investigative stop by an officer to determine if criminal activity is ongoing ARREST OF THE LAW VIOLATER Three distinct levels of interaction between the police and an individual: 1. Consensual encounters (degree) 2. Detentions (terry stop) 3. Arrests Private Person Arrest “Citizens arrest”-an arrest performed by a civilian who lacks official government authority to make an arrest. (as opposed to an officer of the law.) Arrest by a Law Enforcement Officer-a law enforcement officer or peace officer is a person employed by some branch of government and is sworn to uphold the laws of the United States and the State, county, or...
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- Spring '08
- criminal law, Arrest