SOMERSET POLICE DEPARTMENT CITIZENS POLICE ACADEMY LAWS OF ARREST PRESENTED BY Officer Michael R' Gr

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SOMERSET POLICE DEPARTMENTCITIZENS POLICE
ACADEMY LAWS OF ARRESTPRESENTED BY Officer
Michael R. Grigsby
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THREE TYPES OF ARREST

• FELONY
• MISDEMEANOR
• VIOLATION

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ARREST

• To take a person into custody for the purpose of
  charging the person with a criminal offense.

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PEACE OFFICER

• A full-time sworn officer or a part-time paid Law
  Enforcement officer.

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PROBABLE CAUSE

• A certain amount of evidence enough to make it
  probable, or likely, that something is so. It is
  more than a mere hunch, but less than proof
  beyond a reasonable doubt.

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Source of Probable Cause

• OWN OBSERVATION
• INFO FROM THE SUSPECT
• INFO FROM OTHER PEOPLE
• INFO FROM DATA BASES
• PHYSICAL EVIDENCE

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OWN OBSERVATION

• WHAT YOU SEE
• WHAT YOU HEAR
• WHAT YOU SMELL
• WHAT YOU TASTE
• WHAT YOU FEEL

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INFO FROM SUSPECT

• INCRIMINATING STATEMENTS
• ADMISSIONS
• CONFESSIONS

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INFO FROM PEOPLE

• VICTIM STATEMENTS
• WITNESSES STATEMENTS
• OTHER OFFICERS
• CRIMINAL INFORMANTS
• ANONYMOUS SOURCES

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INFO FROM DATA BASES

• N.C.I.C.,L.I.N.K.
• AGENCY RECORDS
• COURT RECORDS
• OTHER GOVERNMENT AGENCIES

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PHYSICAL EVIDENCE
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PROBABLE CAUSE TO ARREST

• Having enough evidence to establish reasonable
  grounds for believing
• An offense has been committed.
• That person committed the offense.

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AUTHORITY TO ARREST

• WITH AN ARREST WARRANT
• WITHOUT AN ARREST WARRANT

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ARREST WITHOUT A WARRANT

• Felony is committed in his/her presence
• He/she has probable cause to believe the person
  being arrested has committed a felony
• When a misdemeanor has been committed in his/her
  presence
• When a violation has been committed in his/her
  presence

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Without a warrant cont.

• When he/she has probable cause to believe that
  the person has intentionally or wantonly caused
  physical injury to a family member or an
  unmarried couple

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Exceptions for Misdemeanors

• Shoplifting
• D.U.I.
• Fourth degree assault (Domestic Assault)
• Violation of a protective order
• Violation of a Domestic Violence or Pretrial
  Release order

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ARREST WITH A WARRANT
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WARRANT REQUIREMENTS

• Be based on a complaint, indictment, or
  information
• Be in written form and in the name of the
  commonwealth
• Must state the date issued and the court to which
  it is returnable
• Must name or describe the offenses charged and
  the county in which they allegedly occured

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Warrant Requirements Cont.

• Must specify the name of the defendant, or any
  name description by which he/she can be
  identified with reasonable certainty
• Specify the name of the complaining party/parties
• Be directed to all peace officers in the
  Commonwealth and direct that the defendant be
  arrested and brought before the court to which
  the warrant is returnable

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Warrant Requirements Cont.

• Be signed by the issuing officer and state his
  title

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TERRY STOP

• A temporary seizure of a person, by a Law
  Enforcement officer, to investigate the officers
  suspicion that the person is involved in criminal
  activity

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TERRY VS. OHIO,1968
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DETAIN (NOT ARREST)

• TEMPORARY INVESTIGATIVE DETENTION (TERRY STOP)
• STOPPING A VEHICLE TO ISSUE A CITATION

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OTHER NON-ARREST SEIZURES

• WITNESS AT A CRIME SCENE
• SHOPLIFTER
• DANGEROUS MENTALLY-ILL PERSON

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REASONABLE SUSPICION

• More than a mere hunch, but less than probable
  cause.

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SOME FACTORS WHICH MIGHT GIVE AN OFFICER
REASONABLE SUSPICION TO STOP

• The place (such as a high-crime area)
• The time (such as late at night)
• Suspicious conduct (such as refusing to identify
  and explain the situation, carrying unusual
  items, or sneaky conduct or gestures.)
• Recent report of crime in the vicinity

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FACTORS CONTINUED

• Resemblance of suspect to description of wanted
  criminal
• Tips from reliable informants
• Officers experience
• The person runs off
• The person has a criminal record

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One of these factors may not be enough,
combinations may justify a stop!