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Nypd Law Chapter 3 Authority To Arrest With Solutions 100% Correct
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Nypd Law Chapter 3 Authority To Arrest With Solutions 100% Correct section 140.10 of the new york state criminal procedure law refers probable cause as reasonable cause to believe or reasonable grounds to believe summary arrest arrest made with out a warrant probable cause exist where the fac...

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  • October 7, 2024
  • 16
  • 2024/2025
  • Exam (elaborations)
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  • nypd law chapter 3 authority to arrest
  • with solutions 100 correct

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Nypd Law Chapter 3 Authority To Arrest
With Solutions 100% Correct

section 140.10 of the new york state criminal procedure law refers probable cause as

reasonable cause to believe or reasonable grounds to believe




summary arrest arrest made with out a warrant




probable cause exist 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 Fourth Amendment to the United States

Constitution, which is the source of the current legal requirement for arrest.




Fourth Amendment states, .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.

, Nypd Law Chapter 3 Authority To Arrest
With Solutions 100% Correct
constitutionally valid arrest. Because the arrest of a person is a seizure, the Fourth

Amendment requirement of probable cause is an essential component




summary arrests occur at the conclusion of a police encounter




The "Fruits" of a Valid Arrest 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 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 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.

, Nypd Law Chapter 3 Authority To Arrest
With Solutions 100% Correct
totality of circumstances 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. 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: (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 1. Confidential informant;


2. Victim or witness to the offense;

3. Another police officer;

4. Police officer from another agency;

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