CRM_J 420 Midterm: Crm J 420 Short Answers

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Criminal Justice
CRM_J 420
C Hemmens

1. What are the different types of seizures? When does a seizure occur? When does an arrest occur? a. There must be a warrant based on probable cause for a seizure. b. Types of seizures: i. Arrests- prolonged seizures, usually-but not always- involving a trip to the police station and prosecution for the crime. 1. Arrests are permissible if the police have probable cause to believe that the person has committed, is about to commit, or is committing a crime. 2. Elements of an arrest- seizure and detention, intention to arrest, arrest authority, and the understanding of the individual that he or she is being arrested. ii. Stops- Requires less justification than an arresth is an intermediate step between an investigation not implicating the 4 amendment and an arrest of a suspect based on probable cause. 1. A stop is justified if there is a reasonable belief that the person is committing, has committed, or is about to commit a crime 2. ordering a person to "halt", to "freeze", or to "stop"; • ordering a person to answer questions; • turning on a police's car's siren or emergency lights; • displaying a weapon pointed at the person; • roadblock- show of authority. 2. What are the limits on the arrest power? WHO may arrest, WHEN may an arrest occur, and WHAT types of arrest are there? What may police do after arresting someone? a. Some things police can do after an arrest: search the individual, search area of immediate control, search the passenger compartment of a motor vehicle, use handcuffs, monitor the movements of the individual, search the arrestee at the place of detention, and collect a DNA sample. b. What police cannot do: cannot enter third-party residence, except in exigent circumstances, conduct a warrantless weep, cannot invite the media to ride along. 3. Explain when police may use force, and when they may use deadly force to make an arrest. a. To make an arrest, police may use reasonable force. b. As the amount of resistance by the person being arrested moves up the spectrum, police are allowed to use more and more force. 4. What is the “knock and announce rule”, and what are the most common exceptions to it? a. Police have to do this when they come to someone’s house with an arrest warrant. Something like “police, warrant, open up.” They also have to give them a reasonable amount of time to open the door. b. Common exceptions: when announcing presents a significant threat of danger to the officers, when there is danger that contraband or other property sought might be destroyed, when the officer reasonably believes that persons within the premises are in imminent peril of bodily harm (like hearing a scream), when people within are reasonably believed to be escaping because they are aware of the presence of the police, or when the person to be arrested is in the process of committing the crime. 5. How do search warrant execution procedures differ from arrest warrant procedures? a. Search warrant- directing a peace officer to search for property connected with a crime and bring it before the court. i. Must state the facts that establish probable cause in a written and signed affidavit. ii. Search & seizure is valid under the 4 Amendment only if made w/ warrant. iii. Searches w/o a warrant may be valid but they are the exception rather than the rule. iv. Four requirements: probable cause, a supporting oath or affirmation, a description of the place to be searched and the things to be seized, and the signature of a magistrate. b. Arrest warrant i. A warrant is needed: 1. In home entries for minor offenses. 2. If the suspect is in a private residence and there is no reason for an immediate arrest. c. Can arrest w/o a warrant in five situations: felonies committed in the presence of officers, misdemeanors committed in the presence of officers, crimes committed in public places, when exigent (emergency) circumstances are present, and when there is danger to the arresting officer. 6. Compare and contrast administrative searches and special needs of law enforcement searches with other searches. a. Administrative & Special Needs searches are the same things. i. Types of activities that are not conducted by the police but by health and safety inspectors. They make sure that the regulations required are being followed. ii. Other searches require probable cause to believe that a crime has been committed and is directed at that person. 7. Define probable cause, and compare it with reasonable suspicion, mere suspicion, and proof beyond a reasonable doubt. 8. Explain the rational behind allowing a police officer to conduct a “terry stop”. a. The police have the authority to stop a person w/o probable cause, so long as there is reasonable suspicion to believe that the person has committed a crime or is about to commit a crime. The perso
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