Chapter Three - PowerPoint PPT Presentation

Loading...

PPT – Chapter Three PowerPoint presentation | free to download - id: 3b92da-YWJmM



Loading


The Adobe Flash plugin is needed to view this content

Get the plugin now

View by Category
About This Presentation
Title:

Chapter Three

Description:

Chapter Three Arrest and Custody He always has an alibi, and one or two to spare: At whatever time the deed took place Macavity wasn t there. – PowerPoint PPT presentation

Number of Views:70
Avg rating:3.0/5.0
Slides: 62
Provided by: www2Bakers
Category:

less

Write a Comment
User Comments (0)
Transcript and Presenter's Notes

Title: Chapter Three


1
Chapter Three Arrest and Custody
He always has an alibi, and one or two to spare
At whatever time the deed took placeMacavity
wasnt there.
T. S. Eliot, Macavity The Mystery Cat, (1939)
2
KEY WORDS
  • Terms to understand for this chapter
  • Resisting Arrest
  • Stop-and-Frisk
  • Summons
  • Temporary Detention
  • Terry Stop
  • Arrest
  • Booking
  • Consular Immunity
  • Diplomatic Immunity
  • Legislative Immunity
  • Miranda Warning
  • Private Person Arrest
  • Reasonable Suspicion

3
OBJECTIVES
  • After completing this chapter, you should be able
    to
  • Explain the requirements of a valid arrest.
  • Discuss the issues involving stop-and-frisk.
  • Describe the immunities from arrest.
  • Illustrate the Miranda requirements.
  • Discuss the issue of using force in making an
    arrest.
  • Explain the concept of territorial jurisdiction
    to makean arrest.

4
OBJECTIVES
(cont.)
  • After completing this chapter, you should be able
    to
  • Identify and describe the booking process.
  • Explain the protections granted an out-of-state
    witness

5
Arrest of the Law Violator
  • Under the Fourth Amendment, there are three
    levels of interaction between the police and an
    individual
  • Consensual encounters - an individual is not
    detained police have not indicated he/she is
    not free to leave.
  • Detention - police must have communicated in some
    manner, orally or by action, a person is not free
    to leave.
  • police need reasonable suspicion based on
    articulable facts
  • Arrest - involves a person being taken into
    custody.
  • typically by physical restraint (handcuffs, etc.)
    or informing the person that he/she is under
    arrest
  • a valid warrantless arrest, requires probable
    cause

6
Arrest of the Law Violator
  • When a person violates a criminal law, traditions
    generally demand society should take some action.
  • an arrest should be made
  • Originally, the members or citizens of society
    were responsible for taking the violator into
    custody.
  • failure to do so, or even withholding information
    abouta known crime from the authorities was a
    violation
  • As law enforcement agencies were created,
    citizenswere relieved of much responsibility for
    making arrests.
  • yet the citizen has not given up the right to
    make a private person arrest

7
Arrest of the Law ViolatorPrivate Person Arrest
  • A private person arrest is an arrest performed by
    a civilian who lacks official government
    authority.
  • sometimes referred to as a citizens arrest,
    legal in every state
  • Though discouraged, thousands of private
    personarrests are made annually in this country.
  • primarily by security guards employed by private
    companies
  • Private person arrest generally requires the
    crime to have been committed or attempted in the
    presence ofthe arresting person.
  • some states provide for arrest of a felon even
    though thecrime occurred in the absence of the
    private party

8
Arrest of the Law ViolatorLegrand v. Bedinger
  • In Legrand v. Bedinger, the court stated the
    term arrest is derived from the French,
    arrester.
  • signifies restraint of a mans person depriving
    him of his will and liberty, obedient to the
    will of the law
  • Legally, an arrest has been defined as the taking
    of a person into custody in the manner authorized
    by law.
  • It has been held that probable, or reasonable,
    cause is shown if a person of ordinary prudence
    would be ledto believe that a crime had been
    committed.
  • but it must be more than a mere suspicion that
    acrime had been committed

9
Arrest of the Law ViolatorArrest by a Law
Enforcement Officer
  • a law enforcement officer or peace officer is a
    person employed by some branch of the government
    and sworn to uphold the laws of the US and the
    state, county, orcity by which he or she is
    employed

10
Arrest of the Law ViolatorArrest by a Law
Enforcement Officer
  • Law enforcement or peace officers may be placed
    in four basic categories.
  • federal officers, employed by the US government
  • state officers, employed by the state
  • sheriffs, employed by the county or parish
  • city police officers, employed by their
    respective cities

11
Arrests and WarrantsArrests Without a Warrant
  • Arrest without a warrant is the most common form.
  • historically always allowed under the common law
  • courts hold requiring a warrant for every arrest
    as impractical

12
Arrests and WarrantsArrests Without a Warrant
  • Police may not enter private homes to make
    warrantless arrests unless there are exigent or
    emergency circumstances or consent.
  • courts have ruled hot pursuit of a suspect as
    he/she runsinto a home does not require a
    warrant
  • additionally, if police believe waiting for a
    warrant willallow the suspect to destroy
    evidence, they may enter and make an arrest
    without a warrant

13
Arrests and WarrantsArrests With a Warrant
  • An arrest warrant is a written order issued by
    the proper judicial officer, upon a showing of
    probable cause, commanding the arrest of a
    particular person.
  • The Supreme Court, though upholding warrantless
    arrests, has stated that the deliberate
    determinationof magistrates is preferred over
    the hurried actionsof police officers.
  • because it places determination of finding
    probablecause in the hands of a neutral
    magistrate
  • Some jurisdictions allow for the use of
    telephonic arrest warrants.

14
Arrests and WarrantsArrests With a Warrant -
Requirements
  • Arrest warrants must include certain elements
  • The caption or title of the court from which the
    warrant is issued, date of issuance of the
    warrant, and the signature of the issuing
    official
  • The name of the person to be arrested and
    description with particularity of the person to
    be seized.
  • A description of the offense, normally is
    described in language of the statute or law the
    suspect violated.
  • A command that officers take the suspect into
    custody and bring him or her before the proper
    judicial officer.

15
Stop-and-Frisk and Other Detentions
  • Until 1967 search was an all-or-nothing concept
    subject to probable cause and warrant
    requirements.

16
Stop-and-Frisk and Other DetentionsTerry v. Ohio
  • In Terry, an officer observed Terry and two other
    men walking back forth in front of a store, and
    decided the men were casing the store for a
    possible robbery.
  • He grabbed Terry, turned him around, and patted
    him down, and found a pistol in ex-convict
    Terrys pocket.
  • the Court found no Fourth Amendment violation
  • The Court held a police officer may temporarily
    detain a person on reasonable suspicion of
    criminal activity.
  • and may pat down the person for weapons on
    reasonable suspicion the pat down is necessary
    for safety reasons

17
Stop-and-Frisk and Other Detentions
  • Stop-and-frisk is less than an arrest rules
    applied to temporary detention also apply to
    stop-and-frisk.
  • It was a standard practice to stop suspicious
    persons in public places to question them or
    conduct investigations.
  • There were Fourth Amendment questions, as
    officers generally do not have probable cause to
    detain and question individuals.

18
Stop-and-Frisk and Other DetentionsTemporary
Detentions
  • Mere temporary detention for questioning is not
    considered to be an arrest.
  • if police restraint goes beyond that reasonably
    necessaryfor questioning, an arrest may result
  • Temporary vehicle detention is less than a full
    arrest
  • probable cause necessary to support a temporary
    detentionis less than required for full arrest
  • Detention starts the moment the officer directs a
    vehicle to stopas when an officer turns on the
    red lights.
  • It is not a detention if the vehicle parked the
    officer asks the driver for his/her license or
    identification.

19
Stop-and-Frisk and Other DetentionsResonable
Suspicion
  • Detention requires at least reasonable suspicion,
    based on specific facts that can be articulated
    to a court.
  • in People v. Remiro, an appellate court upheld
    stoppingof a vehicle on the officers reasonable
    suspicion
  • People v. Dominguez upheld detention of a
    vehiclewhen identities of persons in the vehicle
    were unknownand a warrant existed for the
    registered owner
  • Remiro and Dominguez control only in California.
  • though their rationale appears accepted by most
    other states
  • A wanted flyer or a similar notice is
    sufficient basisto detain a vehicle and its
    occupants.

20
Stop-and-Frisk and Other DetentionsDistiguishing
Arrests Terry Detentions
  • The leading Supreme Court decision is US v.
    Sharp.
  • in which the length of the detention was
    considered
  • The Court indicated a Terry-type stop as
    ordinarily of short duration.
  • no longer than needed to effectuate purpose of
    the detention
  • A warrantless protective sweep of a residence by
    police making lawful arrest in the residence is
    considered legal.
  • if police have reasonable suspicion the residence
    may contain an individual who poses a danger to
    the officers or to others
  • The sweep should be a quick limited search and
    narrowly confined to a cursory visual inspection.

21
Territorial Jurisdiction to Make Arrest
  • It is important to determine if an officer the
    authority to make an arrest, particularly when
    he/she has no warrant.
  • if the officer does not have authority, the
    arrest will be declared unlawful
  • A significant factor is whether the officer was
    in his/her territorial jurisdiction.
  • It long held that if an outlaw outdistanced a
    sheriff tothe county line, the sheriff had to
    discontinue pursuitas he had no authority to
    arrest in the next county.
  • to prevent escape of an outlaw under these
    circumstances,the hot pursuit rule was developed

22
Territorial Jurisdiction to Make ArrestUniform
Act of Fresh Pursuit
  • Today, most states have adopted what is known as
    the Uniform Act of Fresh Pursuit.
  • if an officer is in hot or fresh pursuit of an
    offender, he/she can follow the offender into
    another jurisdiction to make an arrest
  • It is generally held if a pursuit is
    uninterrupted and continuous, it is a fresh
    pursuit.
  • there is no specific distance the officer may
    travel within the state to make the arrest
  • The act provides that after arrest is made, the
    officer must take the person before a local
    magistrate.
  • for a hearing to determine the lawfulness of the
    arrest

23
Territorial Jurisdiction to Make ArrestLimited
Arrest Powers
  • Today a few states grant local officers the right
    to make an arrest without a warrant anywhere in
    the state.
  • based on the theory that when sworn, the officer
    swears to uphold the constitution laws of the
    state as well as local ordinances, giving the
    officer statewide arrest powers
  • In most states the local officer has authority to
    make arrests without a warrant only within the
    territorial jurisdiction in which he/she is
    employed.
  • except in fresh pursuit instances

24
Territorial Jurisdiction to Make ArrestLimited
Arrest Powers
  • Authority has been granted in some states
    permitting lawful arrest beyond the officers
    area with permission from the chief or sheriff
    where the arrest is to be made.
  • based upon an old posse comitatus right of a
    sheriff
  • Under posse comitatus, the arresting officer is,
    in a sense, a temporary officer of the
    jurisdiction in which the arrest is made.
  • Right to arrest beyond the officers area of
    employment has been granted in instances when the
    offender is wanted in the officers area of
    employment.

25
Territorial Jurisdiction to Make ArrestState
Police Agencies
  • All states except Hawaii have some type of state
    police or law enforcement system with statewide
    jurisdiction.
  • states vary in power of the state police to make
    arrests
  • In addition, a number of investigative agencies
    in most states have limited authority and arrest
    powers.
  • employed to perform specific duties, such as game
    wardens
  • Although the territorial jurisdiction of state
    police is restricted to the state boundaries, the
    Uniform Act of Fresh Pursuit is applicable to
    these agencies as well as to local officers.

26
Territorial Jurisdiction to Make ArrestFederal
Law Enforcement Agencies
  • Technically, the only peace officers of the US
    government are Justice Department US marshals.
  • as with the states, a number of federal
    investigativeagencies have emergency arrest
    powers
  • All federal officers have territorial
    jurisdiction throughout the US and its
    possessions.
  • The Federal Bureau of Investigation (FBI),
    established in 1908, has investigative
    jurisdiction over all federal violations not
    specifically assigned to other agencies.
  • created in part because of other agencies
    inability to investigate arrest corrupt
    politicians and business leaders

27
Territorial Jurisdiction to Make ArrestFederal
Law Enforcement Agencies
  • The Federal Drug Enforcement Administration is
    now a part of the FBI.
  • The Immigration Naturalization Service, of
    which the Border Patrol is a part, is in the
    Department of Justice.
  • The US Treasury Department Secret Service was
    created in 1865 to investigate curtail
    counterfeiting.
  • after the assassination of President William
    McKinley in 1901, the Secret Service was charged
    with protecting the president
  • Other agencies within the US Treasury Department
    are Customs Alcohol, Tobacco, and Firearms
    Service the Internal Revenue Service and the US
    Postal Service.

28
Territorial Jurisdiction to Make
ArrestDepartment of Homeland Security
  • After the terrorist attacks of September 11,
    2001, President George W. Bush created the Office
    of Homeland Security, with mission to do the
    following
  • prevent terrorist attacks within the US
  • reduce Americas vulnerability to terrorism
  • minimize the damage and recover from attacks that
    do occur
  • Tom Ridge was the first director.

29
Territorial Jurisdiction to Make
ArrestDepartment of Homeland Security
  • The Department of Homeland Security has four
    divisions
  • Border and Transportation Security - responsible
    for securing borders and transportation systems,
  • Emergency Preparedness and Response - ensures the
    preparedness of emergency response professionals.
  • Chemical, Biological, Radiological, and Nuclear
    Countermeasures - leads efforts in preparing for
    and responding to the full range of terrorist
    threats involving weapons of mass destruction.

30
Territorial Jurisdiction to Make
ArrestDepartment of Homeland Security
  • The Department of Homeland Security has four
    divisions
  • Information Analysis and Infrastructure
    Protection - merges under one roof the capability
    to identify and assess current and future threats
    to the homeland, map those threats against our
    current vulnerabilities, inform the president,
    issue timely warnings, and immediately take or
    effect appropriate preventive and protective
    action.

31
Force in Effecting an Arrest
  • Statutes of most states provide that any peace
    officer who has reasonable cause to believe that
    the person to be arrested has committed a public
    offense may use reasonable force to effect the
    arrest, to prevent escape, or to overcome
    resistance.
  • but there seems to be doubt as to degree of force
    thatmay be used by a private person
  • It is generally held an officer may break open a
    door or window where the person to be arrested is
    located.
  • unless there is life danger to the officer or
    others, the officer must first demand admittance
    explain why it is desired

32
Force in Effecting an Arrest
  • The officer may not use force disproportionate to
    resistance met.
  • if undue force is used, the officer could be
    guilty of violating the civil rights of the
    accused
  • If excessive force was used in a particular
    instance is a matter determined by a board of
    inquiry, jury, or judge.
  • the question is whether force used was that an
    ordinary, prudent person would have used under
    the circumstances
  • Mistreatment of an accused once he/she is under
    control could also be a violation of the
    accuseds civil rights.

33
Force in Effecting an ArrestCalling for
Assistance
  • In making an arrest, an officer or a private
    person may call upon as many persons as are
    deemed necessary for assistance in making the
    arrest.
  • Most states make it a violation to refuse to
    assist an officer making an arrest when summoned
    to do so.
  • again, based on the posse comitatus policy that a
    sheriffhad the authority to deputize members of
    a community
  • In general, no prosecutive action can be taken
    against anyone for refusing to assist the private
    person in making an arrest.

34
Force in Effecting an ArrestCalling for
Assistance
  • When a person responds to an officers call or
    demand for assistance, he/she has the same rights
    and privileges as the officer.
  • in effect, a temporary law enforcement officer,
    with theright to use reasonable force to effect
    the arrest
  • If the person called upon to assist the officer
    acts in good faith, he/she is protected from
    civil liability.

35
Force in Effecting an ArrestResisting Arrest
  • Generally, it is a violation to willfully resist,
    delay, or obstruct a peace officer in the
    performance of his/her duty, including making an
    arrest.
  • most states are silent on resisting arrest by a
    private person
  • States have provided that a person is under duty
    to refrain from using force or weapon to resist
    such arrest.
  • It was previously held at common law that a
    person could resist an unlawful arrest.
  • followed in some states whether the arrest is
    beingmade by an officer or a private person

36
Force in Effecting an ArrestResisting Arrest
  • Although a person may not resist an unlawful
    arrest in most states, he/she is not without
    recourse.
  • one is entitled to seek immediate release from
    custody bya writ of habeas corpus proceeding
  • and may sue those responsible for the illegal
    arrest for damages in civil court
  • Once the arrest of a suspect is completed, he/she
    should be searched for weapons and evidence.
  • Depending upon the circumstances of the case, it
    may be advisable to search the immediate area
    where the arrest took place.

37
Miranda and Its Effect
  • Before the US Supreme Court decided Miranda v.
    Arizona, confessions and accompanying
    interrogations were decided on a case-by-case
    method.
  • This approach reviewed the circumstances
    surrounding the interrogation to determine
    whether the suspects will was broken by the
    police.
  • The interrogation was considered improper if it
    violated the suspects due process rights.

38
Miranda and Its EffectPre-Miranda Techniques
  • In Brown v. Mississippi, a defendant was tied to
    the tree and whipped until he finally confessed
    to murder.
  • the court held the confession was a product of
    coercion and brutality violated Fourteenth
    Amendment due process rights
  • In Ashcraft v. Tennessee, a defendant was
    questioned continuously for two days regarding
    murder of his wife.
  • as the defendant was denied rest sleep the
    entire time, the court held the confession was
    involuntary and inadmissible

39
Miranda and Its EffectPre-Miranda Techniques
  • In Escobedo v. Illinois, the defendant was
    arrested and interrogated for several hours at
    the police station.
  • Escobedo repeatedly requested to see his
    attorney, who was at the police station,
    demanding to see his client.
  • police refused both requests and finally obtained
    confession
  • The court held Escobedo was denied right to
    counsel, and no statement from him could be used
    at trial
  • the decision was not clear when right to counsel
    attaches
  • The stage was set for the US Supreme Court to
    clear up the confusion that had resulted from its
    previous rulings.

40
Miranda and Its EffectThe Case
  • In Miranda, the defendant was arrested at home in
    Phoenix, Arizona, in connection with the rape and
    kidnapping of a female.
  • and was taken to a police station for questioning
  • At the time, he was twenty-three years old, poor,
    and basically illiterate.
  • After being questioned for two hours, he
    confessed to the crime.

41
Miranda and Its EffectErnesto Miranda
Ernesto Miranda, 27, listens as the jury
deliberates his case in Phoenix, Arizona,
February 24, 1967. The landmark decision
requiring police to inform suspects oftheir
rights was named after Miranda. (Source AP
Photo.)
42
Miranda and Its EffectThe Ruling
  • The Supreme Court issued its now famous Miranda
    warning requirement stating the following
  • We hold that when an individual is taken into
    custody or otherwise deprived of his freedom the
    privilege against self-incrimination is
    jeopardized He must be warned prior to any
    questioning that he has a right to remain silent,
    that anything he says can be used against him in
    a court of law, that he has a right to an
    attorney, and that if he cannotafford an
    attorney one will be appointed for him priorto
    any questioning if he so desires.

43
Miranda and Its EffectThe Safeguards
  • In Miranda v. Arizona, the Supreme Court
    established safeguards for individuals being
    interrogated by police.
  • most people know the Miranda decision requires
    police officers to advise defendants of their
    constitutional rights
  • In reality, Miranda established a four-prong test
    to be satisfied by affirmative answers to all
    four questions before a suspects statements can
    be admitted.
  • Was the statement voluntary?
  • Was the Miranda warning given?
  • Was there a waiver by the suspect?
  • Was the waiver intelligent and voluntary?

44
Miranda and Its Effect Eroding of Miranda
  • Miranda did not prevent statements obtained in
    violation of its rules from being used to impeach
    credibility of a defendant who took the witness
    stand.
  • in Harris v. New York, the Court held it was
    proper to use such statements to determine
    whether the defendant was telling the truth
  • Voluntary statements made without having received
    the Miranda warning are admissible.
  • even though the defendant is later advised of
    his/her rights and waives those rights

45
Miranda and Its Effect Eroding of Miranda
  • In Oregon v. Elstad, the defendant made
    incriminating statements without receiving his
    Miranda warning.
  • After being advised of his rights, he waived them
    and signed a confession.
  • the Court held the self-incrimination clause of
    the Fifth Amendment did not require suppression
    of the written confession because of the earlier
    unwarned admission
  • In Illinois v. Perkins, the Supreme Court held
    that an undercover officer posing as an inmate
    need not give a jailed defendant the Miranda
    warning before asking questions that produce
    incriminating statements.

46
Miranda and Its Effect Eroding of Miranda
  • In Arizona v. Fulminante, the Court held the
    harmless error rule applicable to cases of
    involuntary confession.
  • In Davis v. US, the Court considered degree of
    clarity necessary for a suspect to invoke his
    Miranda rights.
  • In 2000, the Supreme Court, in Dickerson v. US,
    held the Miranda decision was of constitutional
    origin.
  • and therefore Congress may not overrule its scope
    or effect
  • After years of suspects avoiding interrogation,
    invoking Miranda, the Court is taking a more
    reasonable and practical approach to this
    controversial issue.

47
Immunity from ArrestDiplomatic
  • Diplomatic Immunity - international agreements
    between nations exchanging representatives are
    the bases for diplomatic immunity.
  • the purpose is to contribute to friendly
    relations and ensure efficient performance of
    diplomatic missions
  • While these persons have complete immunity from
    arrest, detention, or prosecution, it does not
    give them blanket authority to disregard the laws
    of the US.
  • if a member of the diplomatic corps commits a
    crime, the State Department may request that the
    member be recalled from the country

48
Immunity from ArrestConsular
  • Consular Immunity - consuls and deputies are also
    representatives of foreign nations, with only
    limited immunity.5
  • in all cases, however, they are to be treated
    with due respect
  • Consular officers are not liable for arrest or
    detention pending trial except in cases of a
    serious felony.
  • immunity does not include family members or
    servants
  • Each member of these groups should have official
    identification in his/her possession
  • whereby a peace officer may determine the
    official status of the member and the immunity to
    which he/she is entitled

49
Immunity from ArrestLegislative
  • Legislative Immunity - most states have some
    typeof provision in their statutes granting
    limited immunity to legislative members.
  • Many of the states hold that legislative immunity
    relates only to arrest arising out of civil
    matters.
  • and there is no immunity from arrest on a
    criminal charge

50
Immunity from ArrestOut-of-State Witnesses
  • The Uniform Act to Secure the Attendance of
    Witnesses from Without the State in Criminal
    Cases has been adopted by most of the states.
  • if a person enters a state in obedience of a
    subpoena totestify, he/she shall not be subject
    to arrest in connectionwith any crime committed
    in the state prior to his/her entrance into the
    state to testify
  • The person is also granted a reasonable time to
    leave the state after testifying without being
    subject to arrest.
  • but is not granted any immunity from arrest for a
    crimethat he/she may commit while in the state
    to testify

51
Booking
  • Booking consists of recording the arrest in
    official law enforcement records, fingerprinting,
    and photographing the accused.
  • when people are arrested, the usual procedure is
    totake them to the police station for booking
  • If the charge is a bailable offense, the accused
    is entitled to post bail at this time.
  • If bail is not posted, the accused will be
    searched and placed in jail until he/she does
    post bail or until final prosecution takes place.

52
BookingRight to Telephone Calls
  • The accused is entitled to be informed of the
    offense for which the accused is being arrested.
  • another right provided by statutes of some states
    isthe right to make telephone calls
  • This right has been incorporated into laws to
    prohibit individuals from being held without
    anyone knowing that they have been arrested.
  • to prevent them from being held incommunicado
  • Some states also require that if the arrested
    person is physically unable to make the calls,
    he/she is entitled to the assistance of an
    officer.

53
Issuance of a Citation
  • At one time in our history, all criminal
    offenders were brought to court with force.
  • even in civil matters, an arrest was frequently
    used
  • Today, if the defendant fails to appear as
    requested,the person bringing suit is given
    judgment by default.
  • Even in criminal matters, particularly minor
    violations, efforts are made to persuade the
    accused to come to court with as little
    inconvenience to all as possible.
  • when a warrant of arrest is issued, the person
    named in the warrant must be taken into custody,
    booked, and transported for arraignment unless
    he/she posts bail before arraignment

54
Issuance of a Citation
  • A citation (sometimes referred to as a summons)
    is a written notice issued to a violator to
    appear in court.
  • listing the violators name, address, offense
    committed
  • setting forth time, place, and date the violator
    is to appear
  • If the arrested person signs the citation
    agreeing to appear in court as directed, he/she
    is entitled to be released without further action
    being taken at that time.
  • it is generally within discretion of the officer
    whethera citation will be issued for a
    misdemeanor violation
  • Some agencies have a policy of taking an offender
    into custody, booking and then releasing on a
    citation.

55
Issuance of a CitationCitation Court Procedure
  • In some jurisdictions, a copy of the citation is
    filed with the court to become the accusatory
    document.
  • eliminating the necessity of the officers filing
    a complaint
  • In others, a copy furnished to the prosecuting
    attorney, serves as the basis of a complaint
    filed with the court.
  • After the citation is issued and before
    arraignment,the violator may post bail for
    his/her appearance.
  • if the violator fails to appear as agreed, bail
    may be forfeited
  • The judge may order that no further proceedings
    shall take place on the matter or may issue a
    bench warrant.

56
Summons
  • Technically a summons differs from a citation.
  • The true summons, issued by a judge in lieu of an
    arrest warrant, commands the accused to appear in
    court at a specified time.
  • like a warrant, based upon a complaint filed with
    the court
  • eliminates need to arrest and bring him/her
    before the court
  • it may be personally delivered or mailed to the
    accused
  • A summons may be issued when a judge feels the
    accused will appear as commanded.
  • if the person named fails to appear as commanded,
    a warrant of arrest will be issued

57
SUMMARY
  • Important topics for this chapter
  • Police encounters are of three types consensual,
    detention, and arrest.
  • The arrest by a private person is sometimes
    referred to as a citizen's arrest.
  • Thousands of arrests are made by private persons
    in this country.
  • An arrest is the taking of a person in custody in
    a manner authorized by law.

58
SUMMARY
(cont.)
  • Important topics for this chapter
  • Probable cause to arrest exists when there is
    evidence that a crime has probably been committed
    and that the person to be arrested committed it.
  • An arrest with a warrant is presumed to be legal.
  • There is a legal preference for arrests made with
    a warrant.
  • The Terry v. Ohio case developed the concept of
    stop- and-frisk.
  • A mere temporary detention is not considered an
    arrest.

59
SUMMARY
(cont.)
  • Important topics for this chapter
  • A detention requires at least reasonable
    suspicion.
  • A nonfederal law enforcement officer's
    jurisdiction to make an arrest is determined by
    state law.
  • The Uniform Act of Fresh Pursuit has been adopted
    by most states. It permits a continuous pursuit
    of a fleeing person across jurisdictional lines.
  • Generally, federal law enforcement officers have
    jurisdiction to arrest anywhere within the US.
  • An officer may use reasonable force to effect an
    arrest.

60
SUMMARY
(cont.)
  • Important topics for this chapter
  • Under most circumstances, it is illegal to
    willfully resist, delay, or obstruct a peace
    officer in the performance of his or her duty,
    including makingan arrest.
  • The Miranda rule requires that before a suspect
    is interrogated while in custody, the suspect
    must be advised of his or her Miranda rights.
  • Certain individuals are immune from arrest
    becauseof statutory regulations.

61
Chapter End
About PowerShow.com