Glossary of SALETC 2.2 Laws of Arrest
Other Decks By This User
- What must be done prior to service of all warrants.(2.2.1)
- Warrants must be confirmed.
- 13-3884 Arrest by private person (2.2.2)
- A Private person may make an arrest:
1. When the person to be arrested has in his presence committed a misdemeanor amounting to a breach of the peace, or a felony.
2. When a felony has been in fact committed and he has reasonable ground to believe that the person to be arrested has committed it.
- 13-3900 Duty of private person after making arrest. (2.2.2)
- A private person who has made an arrest shall without unnecessary delay take the person arrested before the nearest or most accessible magistrate in the county in which the arrest was made, or deliver him to a peace officer, who shall without unnecessary delay take him before such magistrate. The private person or officer so taking the person arrested before the magistrate shall make before the magistrate a complaint, which shall set forth the facts showing the offense for which the person was arrested. If, however, the officer cannot make the complaint, the private person who delivered the person arrested to the officer shall accompany the officer before the magistrate and shall make the magistrate the complaint against the person arrested
- 13-3889 Method of arrest by private person. (2.2.2)
- A private person when making an arrest shall inform the person to be arrested of the intention to arrest him and the cause of the arrest, unless he is then engaged in the commission of an offense, or is pursued immediately after its commission or after an escape , or flees or forcibly resists before the person making the arrest has opportunity so to inform him , or when the giving of such information will imperil the arrest.
- What is legally required for an officer entering a premise by force according to 13-3891. (2.2.3)
- An officer may break open a door or window of any building in which the person to be arrested is or is reasonably believed to b, it the officer is refused admittance after he has announced his authority and purpose.
- What are the common limitations of officer discretion? (2.2.4)
-Departmental policies and procedures
-Departmental goals and objectives
- Identify the requirements for taking a person, arrested without a warrant, before a magistrate per ARS 13-3898. (2.2.5)
- A person arrested without a warrant shall without unnecessary delay be taken before the nearest or most accessible magistrate in the country in which the arrest occurs, and a complaint shall be made before the magistrate setting forth the facts, and the basis for his statement of the facts, showing the offense for which the person was arrested.
- 13-3882 Time of making arrest. (2.2.6)
- An arrest may be made on any day and at any time of the day or night.
- 13-3887 Method of arrest by officer by virtue of warrant. (2.2.7)&(2.2.14)
- When making an arrest by virtue of a warrant the officer shall inform the person to be arrested of the cause of the arrest and of the fact that a warrant has been issued for his arrest, except when he flees or forcibly resists before the officer has opportunity so to inform him, or when the giving of such information will imperil the arrest. The officer need not have the warrant in his possession at the time of the arrest, but after the arrest, if the person arrested so requires, the warrant shall be shown to him as soon as practicable.
- 13-3888 method of arrest by officer without warrant. (2.2.7)
- When making an arrest without a warrant, the officer shall inform the person to be arrested of his authority and the cause of the arrest, unless the person to be arrested is then engaged in the commission of an offense, or is pursued immediately after its commission or after an escape, or flees or forcibly resists before the officer has opportunity so to inform him, or when the giving of such information will imperil the arrest.
- When would it be preferable to seek a long form complaint over probable cause arrest. (2.2.8)
- -When your Probable Cause is weak and a citizen is demanding action, yet the suspect does not appear to be a threat to anyone's physical safety.
-complex case requiring a lot of follow-up by a specially trained investigator.
-Suspects poor medical condition would be exacerbated by incarceration.
-Politically sensitive matter in which it would be very embarrassing to make a arrest and later have charges dropped.
-When Departmental policy or procedure requires or departmental goals or objectives will be furthered by long forming.
- 13-3723. Unlawful operation of a recording device with the intent to record a motion picture; classification; definitions. (2.2.9)
- A. It is unlawful for a person to knowingly operate an audiovisual recording function of a device in a facility in which a motion picture is being exhibited with the intent to record the motion picture when that person knew or should have known they were doing so without the consent of the owner or lessee of the facility in which the motion picture is being exhibited.
B. With reasonable cause, a person may detain on the premises in a reasonable manner and for a reasonable time any person suspected of the unlawful recording of a motion picture as prescribed in subsection A for questioning or summoning a law enforcement officer. For the purposes of this subsection, "person" means:
1. The owner or lessee of a facility in which a motion picture is being exhibited or the owner's or lessee's authorized agent or employee.
2. The licensor of the motion picture being exhibited or the licensor's authorized agent or employee.
C. This section does not prevent any federal or state law enforcement agency or officer that is engaged in any intelligence gathering activities or any other lawful investigation from operating any audiovisual recording device in any facility in which a motion picture is being exhibited.
D. This section does not prevent prosecution under any other provision of law that provides for a greater penalty.
E. A person who violates this section is guilty of a class 1 misdemeanor.
F. For the purposes of this section:
1. "Audiovisual recording function" means the capability of a device to record or transmit a motion picture or any part of a motion picture by means of any technology now known or later developed.
2. "Facility" means any theater, screening room, indoor or outdoor screening venue, auditorium, ballroom or other premises where motion pictures are publicly exhibited, regardless of whether an admission fee is charged, but does not include the lobby area of a theater or a personal residence.
- 13-1805. Shoplifting; detaining suspect; defense to wrongful detention; civil action by merchant; classification; public services in lieu of fines (2.2.9)
- A. A person commits shoplifting if, while in an establishment in which merchandise is displayed for sale, such person knowingly obtains such goods of another with the intent to deprive that person of such goods by:
1. Removing any of the goods from the immediate display or from any other place within the establishment without paying the purchase price; or
2. Charging the purchase price of the goods to a fictitious person or any person without that person's authority; or
3. Paying less than the purchase price of the goods by some trick or artifice such as altering, removing, substituting or otherwise disfiguring any label, price tag or marking; or
4. Transferring the goods from one container to another; or
B. Any person who knowingly conceals upon himself or another person unpurchased merchandise of any mercantile establishment while within the mercantile establishment shall be presumed to have the necessary culpable mental state pursuant to subsection A of this section.
C. A merchant, or a merchant's agent or employee, with reasonable cause, may detain on the premises in a reasonable manner and for a reasonable time any person suspected of shoplifting as defined in subsection A of this section for questioning or summoning a law enforcement officer.
D. Reasonable cause is a defense to a civil or criminal action against a peace officer, a merchant or an agent or employee of such merchant for false arrest, false or unlawful imprisonment or wrongful detention.
E. If a minor engages in conduct which violates subsection A of this section notwithstanding the fact that such minor may not be held responsible because of the person's minority, any merchant injured by the shoplifting of such minor may bring a civil action against the parent or legal guardian of such minor under either section 12-661 or 12-692.
F. Any merchant injured by the shoplifting of an adult or emancipated minor in violation of subsection A of this section may bring a civil action against the adult or emancipated minor pursuant to section 12-691.
G. Shoplifting property with a value of more than two thousand dollars or shoplifting property during any continuing criminal episode regardless of the value of the goods is a class 5 felony. Shoplifting property with a value of more than two hundred fifty dollars but not more than two thousand dollars is a class 6 felony. Shoplifting property valued at two hundred fifty dollars or less is a class 1 misdemeanor, unless such property is a firearm in which case the shoplifting is a class 6 felony. For the purposes of this subsection, "continuing criminal episode" means theft committed from at least three separate retail establishments within a period of three consecutive days.
H. The court may, in imposing sentence upon a person convicted of violating this section, require any person to perform public services designated by the court in addition to or in lieu of any fine which the court might impose.
I. A person who commits shoplifting and who has previously committed or been convicted within the past five years of two or more offenses involving burglary, shoplifting, robbery or theft or who in the course of shoplifting entered the mercantile establishment with an artifice, instrument, container, device or other article that was intended to facilitate shoplifting, is guilty of a class 4 felony.
- 13-206 Entrapment (2.2.10)
- A. It is an affirmative defense to a criminal charge that the person was entrapped. To claim entrapment, the person must admit by the person's testimony or other evidence the substantial elements of the offense charged.
B. A person who asserts an entrapment defense has the burden of proving the following by clear and convincing evidence:...
C. A person does not establish entrapment if the person was predisposed to commit the offense and the law enforcement officers or their agents merely provided the person with an opportunity to commit the offense. It is not entrapment for law enforcement officers or their agents merely to use a ruse or to conceal their identity. The conduct of law enforcement officers and their agents may be considered in determining if a person has proven entrapment.
- In the absence of a court order or warrant can an Law Enforcement officer arrest a person for parole/probation violation? (2.2.11)
- 13-3881 Arrest; how made; force and restraint. (2.2.12)
- A. An Arrest is made by an actual restraint of the person to be arrested, or by his submission to the custody of the person making the arrest.
b. No unnecessary or unreasonable force shall be used in making an arrest, and the person arrested shall not be subjected to any greater restraint than necessary for his detention.
- 13-3896 Arrest after escape or rescue; method of recapture. (2.2.12)
- A. If a person lawfully arrested escapes or is rescued, the person from whose custody he escaped or was rescued may immediately pursue and retake him without a warrant at any time and in any place within the state.
B. To retake the person escaping or rescued the person from whose custody he escaped who is lawfully pursuing by use the same means as are authorized for an arrest.
- 13-3902 Treatment of arrested person. (2.2.12)
- No peace officer, or other official engaged in administering the criminal law, shall use oppressive methods of any kind for the purpose of securing a confession or other evidence of guilt from an arrested person.
- 13-401 Unavailability of justification defense; justification as defense. (2.2.13)
- Even though a person is justified... if in doing so such person recklessly injures or kills an innocent third person, the justification afforded...is unavailable...for the reckless injury or killing or the innocent third person.
- 13-3897. Duty of officer after arresting with warrant (2.2.14)
- When the arrest by virtue of a warrant occurs in the county where the alleged offense was committed and where the warrant was issued, the officer making the arrest shall without unnecessary delay take the person arrested before the magistrate who issued the warrant or, if that magistrate is absent or unable to act, before the nearest or most accessible magistrate in the same county.
- 13-3883. Arrest by officer without warrant. (2.2.15)
- A. A peace officer may, without a warrant, arrest a person if he has probable cause to believe:
1. A felony has been committed and probable cause to believe the person to be arrested has committed the felony.
2. A misdemeanor has been committed in his presence and probable cause to believe the person to be arrested has committed the offense.
3. The person to be arrested has been involved in a traffic accident and violated any criminal section of title 28, and that such violation occurred prior to or immediately following such traffic accident.
4. A misdemeanor or a petty offense has been committed and probable cause to believe the person to be arrested has committed the offense. A person arrested under this paragraph is eligible for release under section 13-3903.
B. A peace officer may stop and detain a person as is reasonably necessary to investigate an actual or suspected violation of any traffic law committed in the officer's presence and may serve a copy of the traffic complaint for any alleged civil or criminal traffic violation. A peace officer who serves a copy of the traffic complaint shall do so within a reasonable time of the alleged criminal or civil traffic violation.
- What standard is applied to identify if probable cause for arrest exists? (2.2.16)
- Probable cause to make an arrest requires knowledge, based on facts and circumstances, which would cause reasonable and prudent police officers to believe that a crime has been, or is being committed and that the person to be arrested has committed, or is committing, a crime.
- Identify examples of persons who are immune from arrest as per Article 4, Part 2, section 6 of the Arizona Constitution. (2.2.17)
- 6. Privilege from arrest; civil process
Section 6. Members of the legislature shall be privileged from arrest in all cases except treason, felony, and breach of the peace, and they shall not be subject to any civil process during the session of the legislature, nor for fifteen days next before the commencement of each session.
- Identify the conditions under which an arrested person may be issued a written notice to appear in lieu of detention as per ARS 13-3903. Notice to appear and complaint. (2.2.18)
- 13-3903. Notice to appear and complaint
A. In any case in which a person is arrested for an offense that is a misdemeanor or a petty offense, the arresting officer may release the arrested person from custody in lieu of taking such person to the police station by use of the procedure prescribed in this section.
B. At any time after taking a person arrested for an offense that is a misdemeanor or a petty offense to the police station, the arresting officer may, instead of taking such person to a magistrate, release such person from further custody by use of the procedure prescribed in this section.
C. In any case in which a person is arrested for an offense that is a misdemeanor or a petty offense, the arresting officer may prepare in quadruplicate a written notice to appear and complaint, containing the name and address of such person, the offense charged, and the time and place where and when such person shall appear in court, provided:
1. The time specified in the notice to appear is at least five days after arrest.
2. The place specified in the notice shall be the court specified in section 13-3898.
3. The arrested person, in order to secure release as provided in this section, shall give his written promise so to appear in court by signing at least one copy of the written notice and complaint prepared by the arresting officer. The officer shall deliver a copy of the notice and complaint to the person promising to appear. Thereupon, the officer shall forthwith release the person arrested from custody.
4. The officer shall, as soon as practical, deliver the original notice and complaint to the magistrate specified therein. Thereupon, the magistrate shall promptly file the notice and complaint and enter it into the docket of the court.
D. The Arizona traffic ticket and complaint may be utilized not only for the purposes provided in the Arizona supreme court rule, but to satisfy the requirements of this section.
E. When a person has given his written promise to appear in court upon a designated date pursuant to this section, and thereafter fails to appear, personally or by counsel, on or before that date, the magistrate shall file a complaint, in writing, under oath, setting forth the offense of wilfully violating a written promise to appear in court in accordance with section 13-3904, and shall issue a warrant of arrest thereon. Upon such person's appearance in court for arraignment on the charge of violating section 13-3904, such magistrate shall also arraign such person on the charge stated in the notice to appear and complaint for which such person had previously promised to appear.
F. Nothing in this section shall be construed to affect a peace officer's authority to conduct an otherwise lawful search incident to his arrest even though such arrested person is released before being taken to the police station or before a magistrate pursuant to this section.
- The power to arrest for "defined crimes" is granted by what?
- In Arizona, what grants arrest authority in general to peace officers and , in limited circumstances, to private citizens?
- Title 13.
- What is the standard for arrest established by the 4th Amendment?
- Probable Cause.
- Facts and circumstances which would lead a reasonable person to believe that a crime has been, is being or will be committed and the person to be arrested has, is or will commit the crime.
- In General, an arrest involves:
- -Violation of the Law (A Crime)
-Someone being taken into custody (suspect)
-The intent that the person be taken before a court
-An answer to a formal charge
- The practical test as to whether an arrest has occurred is...
- whether a reasonable person under the same circumstances, would believe that he/she was not free to leave.
- Cases have interpreted ARREST as...
- "the taking of a person into custody against hes/her will for the purpose of criminal prosecution or interrogation."
- Probable Cause must be established when?
- Before the arrest. It cannot be based upon facts which turn up after the arrest.
- Probable cause must be based upon...
- Objective Facts
- Probable cause is to be interpreted...
- in light of your personal experience and training.
- What factors can be considered in establishing probable cause?
- -Personal knowledge of the officer--five senses, past training and experience, etc.
-Sources both named and unnamed.
-Suspect Information--past conduct, reputation, criminal history, etc.
-Physical circumstances of the crime.
-Physical evidence at the scene.
- articulable reasons to suspect that criminal activity is on going and that the person stopped is involved in that criminal activity.
Some times described as "more than a hunch and less than probable cause"
- Why would we want to use Cite and release?
- -Cost saving measure
-time saving measure
-Old, infirm or fragile arrestee
- Do not cite and release for
- Domestic violence offenses
juveniles (except for certain offenses)
Where policy prohibits.
Where it is obvious the arrestee will not appear.
- Who has authority to make an arrest?
- 1. Police officer
3. Merchant (Detain)
5. Parole/Probation officers
- Parole/Probation officers Only Parole or probation officers May...
- -Arrest for a violation of parole or probation condition, if there is no warrant
-Make and file a complete record of persons placed under suspended sentence by the court.
-Exercise general supervision and observation over persons under suspended sentence by the court.
-Make arrests and bring persons before the court for violation of their terms of parole or probation
- Method of arrest. (2.2.2B)
- Inform the arrestee of your intention to arrest and the cause for the arrest, unless:
1. The arrestee is engaged in the offense
2. The arrestee is pursued immediately after the Offense, after an escape, flees or forcibly resists, or
3. Giving the information would imperil the arrest.
- When serving an arrest warrant when can it be served?
- Any time of day or night
- When verifing an arrest warrant is valid what are some things to ensure? (2.2.1)
- -Check to make sure it is facially valid
-Verfy the indentificaton of the defender, Physical description, SSN, DL number etc.
-offense committed is specified
-workds ordering the arrest are present
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