This blog will be used for the purpose of addressing issues in our criminal evidence and procedure class.
Monday, November 12, 2007
Arrest Review Questions
To all, Please choose a review question in the Arrest chapter. Please be sure to repeat the question and answer it in detail. You cannot answer the same question as anyone else.
Identify three elements that make up an arrest warrant.
The three elements are:
1. A neutral magistrate - A disinterestd judge decides whether there is probable cause before officers arrest suspects.
2. An affidavit - sworn statement. This must be made by someone(preferably a law enforcement officer) who swears under oath to the facts and circumstances amounting to probable cause.
3. The name of the person being arrested - The warrant has to identify the specific person(s) the officers are going to arrest.
3.Identify the two elements that make a reasonable arrest? A. Objective Basis- the arrest was backed up by probable cause. Manner of Arrest- the way the arrest was made was reasonable.
#12. Give an example of exigent circumstances. An example of exigent circumstances concerning a warrant would be if an officer on the street hears gunshots in a house and makes entry and controls the situation.
Question 4: Identify two facts and circumstances that amount to probable cause arrest.
A officer excluding her training and experiences can reasonably believe that a crime has been is being committed,and the person arrested has committed,or is committing or is about to commit a crime. ch 5 pg 152 samaha
Mia Carson Question #1 Compare and contrast Fourth Amendment stops with full custodial arrests on four criteria.
(1)Stops are measured in minutes; arrests can last for hours or even days. (2)Stops begin and end in public places; arrests may begin in public places but eventually those arrested are taken to isolated and intimidating surroundings, such as the police department and jail. (3)Stops don't produce written documentation unlike arrests, which produce a "rap sheet." (4)Stops involve pat downs of a person's outer clothing, while arrests involve full-body searches, such as strip or body-cavity searches.
Question (18): What two conditions have to be satisfied to use deadly force?
Answer: Restraint capable of producing death is reasonable to use only if: (1). It’s necessary to apprehend “dangerous” suspects. (2). It doesn’t put innocent people in danger.
question 5. Contrast the definition of probable cause with that of reasonable suspicion.
Probable cause- is based on facts and circumstances to reasonable believe that a crime has happened, is happeneing, or about to happen and the person arrested is responsible. Reasonable suspicion- articulable facts and circumstances that would lead an officer, in the light of her training and experience, to suspect that crime may be afoot.
question 9 identify and descride the two elements that satisfy the manner of arrest requirement. this means the way officers conduct the arrest also has to be reasonable. what is a reasonable manner? two points are clear from the cases: first, officers have to get warrants, based on the totality of the circumstances, before they enter homes to arrest suspects. second, officers can't use excessive force to arrest suspects, whereever they're arrested.
Identify and provide details about the three elements of arrest warrants that satisfy the requirements of the Fourth Amendment warrant clause?
1. A neutral Magistrate. A judge decides whether there is probable cause before officers arrest suspects. 2. An affidavit (sworn statement). This is made by someone who swears under oath to the facts and circumstances amounting to probable cause. 3. The name of the person to be arrested. The warrant has to identify specifically the person(s) the officers are going to arrest.
Question 10, Why do Officers need to obtain warrants to arrest a suspect in a home?
In the home their is a reasonable expectation of privacy, when Officers enter homes without warrants, they are essentially breaking down the "santity" of ones home. In cases were exigent circumstances exist, an Officer can enter a home without a warrant.
Once again my edition is different from the classes.
Question 3 5th edition Compare an arrest with a stop.
An arrest requires probable cause and is more time consuming and invasive than stops. Simple stops are less invasive and done reasonably. Stops are not allowed to take a long time and require reasonable suspicion.
Chapter 5 Arrest Dina Saleh # 20) Identify the actions taken after an arrest for a felony? a)Felonies, suspects are taken to police station for further processing. b)When arrested for misdemeanors, suspects usually are released.
kareema shakur Question #8 Describe the trustworthiness aspect of hersay information. Hersay is not alawys true but in some insenses the informent can give true needed info like in a dieing decaration or medical records which are tooking in to cosideration.
13 comments:
Question # 13, (Page 187 (Arrest)
Identify three elements that make up an arrest warrant.
The three elements are:
1. A neutral magistrate - A disinterestd judge decides whether there is probable cause before officers arrest suspects.
2. An affidavit - sworn statement.
This must be made by someone(preferably a law enforcement officer) who swears under oath to the facts and circumstances amounting to probable cause.
3. The name of the person being arrested - The warrant has to identify the specific person(s) the officers are going to arrest.
3.Identify the two elements that make a reasonable arrest?
A. Objective Basis- the arrest was backed up by probable cause.
Manner of Arrest- the way the arrest was made was reasonable.
#12. Give an example of exigent circumstances. An example of exigent circumstances concerning a warrant would be if an officer on the street hears gunshots in a house and makes entry and controls the situation.
Question 4: Identify two facts and circumstances that amount to probable cause arrest.
A officer excluding her training and experiences can reasonably believe that a crime has been is being committed,and the person arrested has committed,or is committing or is about to commit a crime.
ch 5 pg 152 samaha
Mia Carson
Question #1
Compare and contrast Fourth Amendment stops with full custodial arrests on four criteria.
(1)Stops are measured in minutes; arrests can last for hours or even days. (2)Stops begin and end in public places; arrests may begin in public places but eventually those arrested are taken to isolated and intimidating surroundings, such as the police department and jail. (3)Stops don't produce written documentation unlike arrests, which produce a "rap sheet." (4)Stops involve pat downs of a person's outer clothing, while arrests involve full-body searches, such as strip or body-cavity searches.
Question (18):
What two conditions have to be satisfied to use deadly force?
Answer:
Restraint capable of producing death is reasonable to use only if:
(1). It’s necessary to apprehend “dangerous” suspects.
(2). It doesn’t put innocent people in danger.
question 5. Contrast the definition of probable cause with that of reasonable suspicion.
Probable cause- is based on facts and circumstances to reasonable believe that a crime has happened, is happeneing, or about to happen and the person arrested is responsible.
Reasonable suspicion- articulable facts and circumstances that would lead an officer, in the light of her training and experience, to suspect that crime may be afoot.
question 9
identify and descride the two elements that satisfy the manner of arrest requirement.
this means the way officers conduct the arrest also has to be reasonable. what is a reasonable manner? two points are clear from the cases: first, officers have to get warrants, based on the totality of the circumstances, before they enter homes to arrest suspects. second, officers can't use excessive force to arrest suspects, whereever they're arrested.
Identify and provide details about the three elements of arrest warrants that satisfy the requirements of the Fourth Amendment warrant clause?
1. A neutral Magistrate. A judge decides whether there is probable cause before officers arrest suspects.
2. An affidavit (sworn statement). This is made by someone who swears under oath to the facts and circumstances amounting to probable cause.
3. The name of the person to be arrested. The warrant has to identify specifically the person(s) the officers are going to arrest.
Question 10, Why do Officers need to obtain warrants to arrest a suspect in a home?
In the home their is a reasonable expectation of privacy, when Officers enter homes without warrants, they are essentially breaking down the "santity" of ones home. In cases were exigent circumstances exist, an Officer can enter a home without a warrant.
Once again my edition is different from the classes.
Question 3 5th edition
Compare an arrest with a stop.
An arrest requires probable cause and is more time consuming and invasive than stops. Simple stops are less invasive and done reasonably. Stops are not allowed to take a long time and require reasonable suspicion.
Chapter 5 Arrest
Dina Saleh
# 20) Identify the actions taken after an arrest for a felony?
a)Felonies, suspects are taken to police station for further processing.
b)When arrested for misdemeanors, suspects usually are released.
kareema shakur
Question #8
Describe the trustworthiness aspect of hersay information. Hersay is not alawys true but in some insenses the informent can give true needed info like in a dieing decaration or medical records which are tooking in to cosideration.
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