nypd law chapter 3 authority to arrest Study Case Exam Solution Passed And Graded A+.

pg 212-123 - correct answer use of body work cameras mandatory activation of body worn cameras - correct answer crime in progress / weapons call interior patrol adversarial encounters edp persons suspected of criminal activity searches vehicle stop summonses use of force encounters arrests probable cause - correct answer is the standard of proof necessary for a police officer to lawfully effect an arrest seize evidence or contraband or conduct a search section 140.10 of the new york state criminal procedure law refers - correct answer probable cause as reasonable cause to believe or reasonable grounds to believe summary arrest - correct answer arrest made with out a warrant probable cause exist - correct answer where the facts and circumstances within the arresting officers knowledge and of which they have reasonable trustworthy information, would warrant a person of reasonable caution to believe that an offense is or has been committed and that the person to be arrested had committed it The term probable cause itself originates from - correct answer Fourth Amendment to the United States Constitution, which is the source of the current legal requirement for arrest. Fourth Amendment states, - correct answer .no warrants shall issue, but upon probable cause, supported by oath or affirmation and particularly describing the place to be searched and the persons or things to be seized. constitutionally valid arrest. - correct answer Because the arrest of a person is a seizure, the Fourth Amendment requirement of probable cause is an essential component summary arrests - correct answer occur at the conclusion of a police encounter The "Fruits" of a Valid Arrest - correct answer The existence of probable cause also means that contraband or evidence discovered incident to the arrest would be admitted into court as evidence. Arrest Made Without Probable Cause - correct answer If, on the other hand, the officer had observed the youth running down the street, and had no other information regarding criminal activity (e.g., did not witness a crime, nor alerted by a complainant), but placed him under arrest without probable cause, and a search yielded the firearm and drugs, the evidence found in his possession would not be admissible in court. a police officer who knowingly makes an arrest without probable cause - correct answer has violated the constitutional rights of the citizen under the Fourth Amendment. Such illegal arrests can result in the individual officer being held personally liable for civil damages as well as possible criminal charges. totality of circumstances - correct answer flexible test established by the Supreme Court for identifying whether probable cause exists that permits the judge to determine whether the available evidence is both sufficient and reliable enough to issue a warrant "scene" or occurrence. - correct answer The police officer's articulation of facts is also referred to as painting a word picture. This metaphor is designed to indicate the importance of every detail that is part of the When information is based on hearsay, police must verify: - correct answer (1) the reliability of the informant and (2) how the informant formed the basis of the information, before an arrest can be made. This analysis is referred to as the "Aguilar-Spinelli" two-pronged test. hearsay information can come from - correct answer 1. Confidential informant; 2. Victim or witness to the offense; 3. Another police officer; 4. Police officer from another agency; 5. Accomplice to the crime; 6. Anonymous person (unverified 911 caller); 7. Any other source of information. Paid informants, who are sometimes criminals, - correct answer thus, the courts view testimony given by them to be less reliable than that of a victim or witness who has no apparent personal interest in the outcome of an event. ICARD - correct answer Computerized Investigation Card System What is a ICARD - correct answer is an internal tool available to investigative units that allows detectives to place suspects into a "Wanted File" without having to file an arrest warrant with the court, when probable cause has been established and the suspect is properly identified. ICARD WARRANT CHECKS - correct answer Subsequently, when an officer conducts a warrant check, the I-Card System is queried along with other City, State and federal data base The Aguilar-Spinelli two-pronged test applies - correct answer to the corroboration of information generally from informants who were engaged in some sort of criminal activity. Often, police will receive information from non-criminal sources such as other police officers, crime victims, and ordinary citizens. In these cases, the standard for developing probable cause is more lenient. Probable Cause from Citizen - Informants - correct answer A "citizen-informant" is a citizen, other than a crime victim, who makes an allegation against another individual regarding a crime. If the citizen is properly identified, they are presumed reliable This is the second prong of the Aguilar-Spinelli test - correct answer requires a showing of either personal knowledge on the part of the citizen-informant, or corroboration of the information by the police. When a citizen-informant refuses to provide their identity - correct answer to the police, both prongs of the two-part test: reliability of the informant and reliability of the information, must be satisfied in order to establish probable cause for an arrest. CORROBORATION BY POLICE OBSERVATION OR INVESTIGATION - correct answer Corroboration by police officers through observations or investigations is the most practical, most often used, and probably the most accurate manner in which to corroborate information from non-police sources because it involves the officer's personal knowledge. The Aguilar-Spinelli Two-Pronged TestThis analysis requires the police officer - correct answer (1) the informant is reliable, and (2) that the informant's information is reliable. elements of an arrest - correct answer (1) intent, (2) authority, (3) custody, and (4) recognition. (1) The Intent of the Officer - correct answer Thus, an arrest requires that the detention be for the purpose of bringing the person before the appropriate court to answer to a charge of violating the law. (2) The Officer's Authority - correct answer An officer must act under real or assumed legal authority in order to take a person into lawful custody. Real authority refers to a police officer's statutory ability to effect an arrest, based on probable cause, under N.Y.S. Criminal Procedure Law Section 140.10. Assumed authority - correct answer refers to a police officer's ability to effect an arrest under the authority of a judge via an arrest or bench warrant. (3) Custody of the Person under Arrest - correct answer A proper arrest also requires that there be actual or constructive seizure of the person by the arresting officer. Actual seizure may be defined as direct physical control of the person (e.g., handcuffed), constructive seizure - correct answer is where a reasonable person knows that they are not free to leave (e.g., surrounded by officers). If there is no restraint of the person's liberty, there is no custody, and thus no arrest. (4) Recognition by the Person Arrested - correct answer The arrested persons must know they are being arrested. This element is ordinarily shown when the officer communicates their intention that the person is under arrest. (4) Recognition by the Person Arrested pt 2 - correct answer This is also accomplished when the circumstances are such that a reasonably prudent person would know they are under arrest. RIGHTS OF THE DEFENDANT - correct answer Once the arrest is made, the defendant must be fully advised of their constitutional rights in the form of