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police and law enforcement
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∙ 13y ago
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When is an arrest warrant served?
(Answer is applicable to the USA only): A warrantless arrest is never served. A warrantless arrest is performed. Following the warrantless arrest, the arresting individual (typically) or authority is required (usually) to provide the courts with a warrantless arrest affidavit wherein the person making the arrest articulates the probable cause for the arrest, which then is submitted to a judge for review. The arrested person will already be in jail or otherwise in custody (and possibly even bonded out), before the signed warrantless arrest affidavit becomes available to the arrested person.
How performed warrantless arrest?
in your presence the person is actually committing, about to commit a felony
A warrantless search of an arrested individual conducted to ensure the safety of the arresting officer is called?
Incident to an arrest
A warrantless search not incident to an arrest may be justified under the Supreme Court's exigent-circumstances doctrine?
true
What is the fundamental difference between warrantless arrest for a felony verses misdemeanor?
In the manner of the way the actual arrest goes down, very little. The one major difference between arresting for a felony versus arresting for a misdemeanor, is that for a warrantless arrest of a misdemeanant the officer must have atually witnessed the misdmeanor offense take place in order to make the arrest. The only exception to this would be (in jurisdictions that have such offenses) there are certain so-called "Probable Cause Misdemeanors" for which an arrest can be made even if the officer didn't observe them take place.
What are the three essential components of an arrest warrant?
In order to make a warrantless arrest, a police officer must be given permission to enter or be in an emergency situation. In both instances, the officer must have sufficient probable cause to make the arrest.
What did John Yoo say in his memo on warrantless surveillance?
it made warrantless surveillince necessary
When Stopping a car for suspicion of not wearing a seat belt authorized by Texas legislation?
Stopping a vehicle that has broken no law but in only of a suspicion called a warrantless arrest is this not a violation of the 4th amendment. Is this Authorized by Legislation?
At common law police had the right to make a warrantless arrest if they observed someone in the commission of a misdemeanor?
It may have originated in 'common law' HOWEVER - the police still DO have the power to make an arrest in the case of a misdemeanor being committed in their presence. ----------------------- well a police may have much athority but if they tell you to stop your vehicle they cant arrest you because it isa state law that an officer may not arrest you without a reseanoble explenation
What is the level of proof required for an arrest?
The police must have probable cause, that is, base upon the known information it is likely that either a crime has been or is about to be committed. It is more than a hunch or mere suspicion, but less than complete certainty. For more see the related link below.
In what situation where warrantless arrests apply?
when the perpetrator is clearly about to commit an offense, when the perpetrator is actually committing the offense, when the perpetrator has just committed the offense.
What is the 4rth amendment?
It prohibits warrantless searches and seizures.
