ADMINISTRATION OF JUSTICE

1. ADMINISTRATION OF JUSTICE POWERS TO ARREST

2. THE PRIVILEGEOF LEGAL AUTHORITY The act of making a physical arrest is privileged if it is done under legal process or is otherwise authorized by law.

3. The privilege of legal authority frequently involves the right of apoliceofficeror privatepersonto make an ARREST with or without a warrant.

4. A. An arrest occurs when you take a person into custodyas a result of: I.ARRESTS 1. Physicallyrestrainingor at least touching the person to be arrested, or

5. 2. The person submits to the police officer or private personslawful authority. a. To be a valid arrest, you must take the person into custody "in a case and in the manner authorizedby law."

6. b. If you do not, it is a "false" arrest. (1) False arrest may be a crime or the start of acivillawsuit, and it may result in thesuppressionofcrime - related evidence.

7. 1. Under the proper circumstances, everyonehas some authority to make an arrest. B. Who may make an arrest? a. A peace officer, has more authority than aprivateperson does. (No minimum age requirement).

8. (1) A security officer on duty has the same authority as a private person (2) A peace officer has the authority to make an arrest off duty as if he were on duty. Note:A "citizen's" arrest is a poor label, since a person does not need to be a citizen to make a private arrest.

9. 2. For a felony: a. A police officer may arrest a person with a warrant (a private person may not) b. A police officer may without a warrant make an arrest if they haveprobablecause to believe the suspect has committed afelony, regardless of whether or not the crime was committed in their presence.

10. a. A police officer may arrest a person 3. For a misdemeanor: (1) with a warrant or (2) without a warrant if they have probable cause for believing the misdemeanor was committed in their presence.

11. b. A private person may make an arrest without a warrant if they have probable causefor believing themisdemeanorwas committed in their presence.

12. c. Police officers may make a warrantless arrest for a misdemeanor even though it was not committed in their presence for the following exceptions: (1) misdemeanor offenses byjuveniles

13. (2) having an accident, or being in or about a vehicle which isobstructinga roadway, while driving under the influence

14. (3) batterywhen committed on school property (4) carrying a loaded firearm in a publicplace (5) and violations ofdomesticviolence protective orders

15. 1. Police officers and private persons must either physically restrain or touch the suspect, or he must submit to theirauthority. C. How to make an arrest a. "There can be no arrest without either touching or submission."

16. 2. Police officers and private persons may use reasonable force to effect the arrest, overcomeresistance, or prevent escape. a. Officers who use unnecessary force in beating a prisoner may be criminally charged with a felony.

17. 3. A suspect has a duty to submit and may notresistan arrest, even if the arrest is unlawful. a. If police officers and private persons useexcessiveforce in making the arrest, the suspect may lawfully resist with enough force to resist the excessive force.

18. a.their intent to arrest the suspect, 4. Police officers and private persons musttellthe arrestee: b. the reason for the arrest, and c. theauthority for making the arrest (1) that you are a peace officer or private person.

19. 5. Police are excused from giving any of these advisement's if they are completelyobviousfrom the circumstances: a. catching the suspect red-handed; b. making the arrest in uniform.

20. 6. When an officer anticipates making an arrest or has made an arrest, he must advise a suspect of their Miranda rights prior to questioning. a. Miranda vs.Arizona- criminal case decided by the Supreme Court on June 13, 1966 which in effect requires police to do the following;

21. (1) Advise a suspect they have the right to remainsilent. (2) Advise a suspect any thing they say can and will be used against them in acourt of law. (3) Advise the suspect they have the right to talk to an attorney before questioning.

22. (4) Advise the suspect an attorney will be providedfreeif they can not afford one. b. In order to comply with the Miranda waiver, the suspect must knowingly and intelligently waive their right to an attorney verbally.

23. D. When police officers andprivate persons may arrest 1. Felonies: a. Police may make an arrest -- with or without a warrant -- at anytimeof the day or night for feloniesthey have reasonable belief have been committed even if they have not actuallyoccurred.

24. 2. Misdemeanororinfractions: b. Private persons can make an arrest – only forfeloniesthat have in fact been committed a. there is a time limitation

25. (1) police must make the arrest -- with or without a warrant -- between6:00a.m. and 10:00p.m.unless: - the misdemeanor or infraction occurred in hispresence. - the arrest is made in a publicplace; or - police have a warrant which is endorsed fornighttimeservice; or

26. - police make the arrest for violation of a domesticviolence protective order, even though it did not occur in his presence. - the arrestee is already in custody on another charge, or is taken intocustodyon a private person’s arrest; or

27. b. Private persons may only make anarrestfor misdemeanors committed in their presence. c. A driver who commits a traffic violation is technically under arrest from the time he is stoppeduntil released on hiswrittenpromise to appear in court (Signed traffic ticket).

28. 3. Police officers have the authority to summon assistance when making an arrest. (Known as Posse Comitatus) a. An officer may summon any able-bodied man 18 years of age or older. (1) Some exceptions such aswomen and the handicapped.

29. 1. In cases of adults, in most statesthere must be ajudicialdeterminationof probable cause not more than36hours after the suspect's actual arrest E. Release from custody a. With no exceptions for weekends or holidays.

30. 2. In cases ofjuveniles, the same rule applies, except that the time limit is usually 72 hours instead of36hours as in California.

31. 3. Arrests by warrant - misdemeanors a. Police may cite and releasethe named person, instead of taking him or her into physical custody, unless:

32. (1) the misdemeanor cited in the warrant involvesviolence, a firearm, resisting arrest, or givingfalseinformation to a peace officer; (2) the person is a danger to himself or herself because of alcohol, drugs or narcotics;

33. (3) the person has other ineligiblechargespending against him or her; (4) the person refuses to sign the notice to appear;

34. (5) the person cannot provide satisfactory evidence of personalidentification; (6) there is a reasonable likelihood that the offense would continueor resume if the officerreleased the person;

35. (7) the safety of persons or propertywould be immediately endangered; (8) the warrant states the person is not eligible to be released on a citation.

36. 4. Warrantless arrests - felony or misdemeanor a. A person arrested without a warrant for either a felony or a misdemeanor may (and should) bereleasedif:

37. (1) for any offense, police are satisfied that there areinsufficientgrounds; (2) the arrest was for intoxication only, and police don't believe further proceedings are desirable;

38. (3) the arrest was for being under theinfluenceof a drug, the person has been taken to a hospital or released to a responsible adult and the officer don't believe further proceedings are desirable.

39. 5. Warrantless arrests - misdemeanors a. This section includes violation of any city or countyordinance, and persons who do not demand to be taken before a magistrate.

40. b. Police have a choice of: (1) bookingsuch persons before they release them, or (2) indicating on the citation that the arrested person shall appear at the court having jurisdictionat a later date.

41. c. The reasons for nonrelease include: (1) where immediate release might jeopardizeprosecution; (2) create likelihood that the offense(s) might continue or resume; (3) place safety of persons or property in imminentdanger;

42. (4) where the person is dangerously intoxicated, needs medical care,is unable to care for self; (5) has outstanding warrants;

43. (6) could not provide satisfactory evidence of personalidentification; (7) demands to be taken before a magistrate or refuses to sign a notice to appear;

44. (8) was arrested for driving under theinfluence (9) refusing to stop and submit to various vehicle inspections, etc.); (10) where the officer has reason to believe the person will notappear.

45. Note: With regard to "satisfactory evidence of personal identification,”be wary of social security cards, birth certificates, vehicle registrations, school IDs, credit cards, etc. Note: Make every effort to corroborate these types of identification through effective questioning, comparisons, verification from others, etc.

46. 6. "Ticket Fixing." a. It is a misdemeanor for police officers to alter, modify, nullify or destroy the face side of the remaining original or any copy of a citation retained by him, for any reason, before it is filed with thecourt.

47. F. Probable cause 1. Police and private persons may arrest someone without a warrant only if they have "probable cause" to believe the suspect committed anoffense.

48. 2. "Probable cause" to arrest exists when the totality of the circumstances or "total atmosphere" of the case would cause a person ofordinarycare and prudence to entertain an honest and strong suspicion that the person to be arrested is guilty of a criminalact.

49. a. Probable cause to arrest requires more than the "reasonable suspicion" required for adetention. b. Probable cause to arrest is essentially the same as the "probable cause" which is needed to obtain an arrest warrant or asearchwarrant.

50. "Probable cause" does not mean facts or information sufficient to convict someone; it just means enough to make him standtrial - more evidence for than against.