CRM_J 420 Lecture 6: Week 6 Thursday Crm J 420

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Criminal Justice
CRM_J 420
C Hemmens

2/16/2017 MI vs. Chesternut (1988). - Reasonable Person o A person is under arrest, when a reasonable person, viewing the situation in totality of the circumstances would not feel free to leave at the end of the encounter. - “Free to leave” Arrest - Custody, by force/submission - Intent to arrest o The police show that they are going to arrest you. Arrest Authority (can arrest with a warrant or without a warrant). - Warrant - w/o warrant Warrant - Jurisdiction o If you have an arrest warrant for Whitman county and you are in Seattle, you are allowed to be arrested their. - Extradition o If you have an arrest warrant for Whitman County and you get caught in Idaho, you have to be moved back to the county where the arrest warrant was issued. o If that person doesn’t want to challenge the warrant, then they can say no and get a hearing in the state they are found in to make sure that the warrant is right. W/O Warrant - Felony o Presence ▪ Greater authority to arrest. o Public or private ▪ Cannot arrest in someone’s home without a warrant unless they see that the crime occurred in their house. - Misdemeanor o Presence only ▪ Limited authority to arrest, only if the officer sees it then the officer can arrest, but they cannot arrest without a warrant. o Domestic Violence o Traffic Accident ▪ They have the authority to arrest when there’s something like a DUI. o Assault ▪ Can also be charged to someone for domestic violence. ▪ Getting close to the level of felony. ▪ Have to arrest here. Summons- not an arrest - Command by the court to show up to court on this day and time. Citations- not an arrest - Ex. A traffic ticket Citizen’s Arrest - Felonies o Arrest warrant to give them the ability to get them in their house, if they believe t
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