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10 Cards in this Set
- Front
- Back
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What distinguishes an arrest from a detention?
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Custody
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Under what circumstances can peace officers make warrantless arrests?
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If the officers have probable cause to believe the person has committed a felony or misdemeanor in their presence;
If the officers have probable cause the person has committed a felony outside of their presence; If the officers have probable cause to believe a juvenile has committed a misdemeanor, though it was not in their presence. |
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An arrest is:
A. the taking of a person into custody, in a case and in a manner authorized by law. B. based on probable cause. C. based on the totality of the circumstances. D. all of the above. |
D (all of the above.)
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True or False: An arrest is considered a full seizure of a person under the Fourth Amendment because it takes away a person's liberty.
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True
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Under California's Penal Code Section 841, any person making an arrest must convey which three things to the individual being arrested?
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intent, cause, and authority
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An officer saw a young man painting graffiti on the side of a building. The man saw the officer and ran. The officer pursued him but lost him after a few blocks. Two days later, the officer saw the young man again and arrested him. Were the officer's actions appropriate?
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No
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A store owner caught a young woman shoplifting perfume. He held her arm and stated under the authority of the California Penal Code he was making a private person's arrest for shoplifting. Were his actions appropriate?
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Yes
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True or False: If the person being arrested is actually committing the offense or attempting to escape, the arresting person is NOT required to provide that person with the intent, cause and authority of the arrest.
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True
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Officers arrived at a person's residence with an arrest warrant. The front door was open, and they could hear voices. The officers entered the residence and arrested the person in his living room. They did not knock and notice. Were their actions appropriate?
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No
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An officer who "receives" someone who has been arrested by a private person can:
A. release the person, unconditionally, if there are insufficient grounds for filing a criminal complaint. B. issue a citation (signed promise to appear) if the arrest was for a misdemeanor. C. take the arrested person to a magistrate or to jail. D. any of the above. |
D (any of the above.)
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