Arrests

Arrest

Taking or keeping someone in legal custody in response to criminal charges

Arrests involve:

1. The authority to arrest

2. The assertion of that authority with intent to arrest

3. Restraint of person to be arrested

Standards of Arrest

1. Probable Cause

2. 4th Amendment

City Officer

• Jurisdiction of city, county, 3 mile ring

• Can persue a case anywhee in county, not initiate

County Officer

• Home county is core jurisdiction

• can persue any TOUCHING county

State Officer

State-wide authority

Ex. PPP or State Trooper

Probable Cause for arrest

• A crime has been committed

• Person arrested probably did it

Officers outside of their jurisdiction have:

Citizen’s arrest authority

Right to be informed on grounds of arrest:

1. Suspects have right to know why they are being arrested

2. Officer must answer truthfully and have warrant (if available)

3. 10-year felony for violating this right

Arrest for foreign national:

Anyone not a US Citizen

Felony arrest in suspect’s home:

1. Probable cause to enter suspect’s home to arrest them

2. Search warrant required to enter if they are n someone else’s home and probable cause suspects in someone else’s home

Misdemeanor Arrest:

1. Warrant required except for when crime is committed in front of officer

2. crime freshley committed

Warrantless Felony Arrest:

may be made in a public place if probable cause was developed

Warrantless Misdemeeanor:

May not be arrested without a warrant

Hot Persuit:

Only allows entry into a home wiithout a warrant UNLESS its a minor offense

Uniform Traffic Ticket:

• Title 56 Offenses

• Can be used on misdemeaners within juriisdiction

• Traffic Offenses

DNA Samples for Adults

• Felonies

• 5yr potential sentences

• Eavesdropping, peeping, stalking