when police have probable cause to take a person into custody either by actual

When police have probable cause to take a person into

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when police have probable cause to take a person into custody either by actual restraint or submission to authority. Valid when: 1) officer has probable cause for arrest; 2) uses reasonable force to make arrest. When is a post arrest probable cause determination by a magistrate required? 1. person arrested w/ out warrant; 2. not released on bail. Prevents long jail time What is required for a valid arrest warrant? Search warrant? Valid Arrest: 1. judicial officer determines probable cause exists; 2. determination supported by information given under oath; 3. must contain particular description of person being seized . Search Warrant: A show of probable cause 1) crime has occurred; 2) evidence of crime exists; 3) found at a location to be searched by police. Has to have detailed description of items to be searched, in scope of crime, Info. has to be fresh. What does a police officer need generally to arrest someone in their home? In someone else’s home? In their home : An Arrest Warrant, Knock and Announce. Someone Else: Arrest Warrant and Residence Search Warrant, Knock and Announce. Exceptions: consent by person of authority, hot pursuit, danger to officer, danger to 3rd party, risk of escape, destruction of evidence Name the three types of contacts that police have with citizens and what is required to justify them.
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  • Fall '08
  • Hill,B

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