Definitions
The textbook defines this as "governmental termination of freedom of movement through means intentionally applied".
What is arrest?
This type of warrant is used if you don't know the suspects name.
What is a John Doe warrant?
The first step in the use-of-force continuum.
What is officer presence?
The Tennessee v Garner (1985) court decision declared these types of statutes unconstitutional.
What is "fleeing felon"?
A citation issued by the court when someone fails to appear for a hearing.
What is a bench warrant?
The document a police officer presents to a judge to obtain an arrest warrant.
What is a complaint?
These warrants are issued after a phone call between the applying officer and the issuing judge.
What is a telephonic warrant?
How long can you detain a suspect?
What is no longer than necessary?
Wilson v Arkansas (1995) dealt with this Fourth Amendment requirement, which is required before entering a home to execute an arrest/search warrant.
What is knock-and-announce?
This is considered that most intrusive type of search and seizure of persons under the Fourth Amendment.
What is surgery to remove a bullet from a suspect's chest?
"Whether a reasonable person, viewing the particular police conduct as a whole and within the setting of all the surrounding circumstances, would have concluded that the police had in some way restrained a person’s liberty so that they were not free to leave", describes this.
What is seizure?
These are three instances that require a warrant.
What is if the crime is not committed in the officers presence, if the suspect is in a private residence and no immediate need for arrest, and in home entries for minor offenses?
This is when a police office either mistakenly thinks they have the authority to arrest, or they know that they are not authorized to make an arrest but do so anyway.
What is an invalid arrest?
This 1980 court case established that warrantless entry is not permitted without exigent circumstances or consent.
What is Payton v. New York?
It is up to them to determine what is considered a "reasonable person", in regards to the reasonable personal standard for seizure.
What is the judge or jury trying the case?
This is described as a writ or precept issued by a magistrate, justice, or other competent authority that instructs a LEO to bring the person to a magistrate/judge in connectin with an offense with which they have been charged.
What is an arrest warrant?
This is must be true of the issuing party.
What is they must be neutral and detached?
These are three exceptions to the 'understanding' element of an arrest.
What is when the suspect is drunk or under the influence of drugs and doesn't understand what is going on; when the suspect has a mental illness or is experiencing a mental illness event; and when the suspect is unconscious.
Atwater v City of Lago Vista (2001) states that arrests for these offenses are constitutional.
What is offenses not punishable with jail or prison time?
This is considered the least intrusive form of search and seizure, according to the textbook.
What is roadblocks?
The term used when the arrested individual peacefully submits to the officer's and goes willingly, without any physical contact necessary.
What is constructive seizure?
This is the rough percentage of all arrests made without a warrant.
What is 95%?
These are the four elements of an arrest.
What is seizure and detention, intention to arrest, arrest authority, and the understanding of the individual that they are being arrested?
Brigham City, Utah v Stuart (2006) held that police may enter a home without a warrent with this.
What is objectively reasonable basis to believe that an occupant is seriously injured or immediately threatened with such inury?
This is when an officer should use their firearm.
What is when they have probable cause to believe that the suspect poses a threat of serious physical harm, to the officer or to others?