Warrantless misdemeanor arrests in california
[DOC File]CRIMINAL PROCEDURE
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Standards for warrantless arrests § 120.1 Arrest Without a Warrant. Authority to arrest without a warrant: a law enforcement officer may arrest a person without a warrant if the officer has reasonable cause to believe that such a person has committed : A felony. A misdemeanor, and the officer has reasonable cause to believe that such person
[DOC File]California Courts
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d. Pertinent California case law. In Broden v. Marin Humane Society (1999) 70 Cal.App.4th 1212, officers conducted a warrantless entry into business premises, a pet shop, based on exigent circumstances. The officers entered the premises following reports of stench and flies at …
[DOC File]Criminal Procedure - Santa Clara Law
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B. Arrests in the Arrestee’s Home. the 4th amendment prohibits warrantless, nonconsensual entry into a suspect’s home in order to make a “routine”—non-exigent—felony (or misdemeanor) arrest. this includes temporary residences (such as a hotel room)
[DOC File]Criminal Procedure – Outline
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Misdemeanor or felony was committed in officer’s presence, OR. If officer has P/C to believe felony committed out of his presence, THEN arrest of suspect is reasonable (w/o warrant) Applications. US v. Watson (1976) (168): Maj: Warrantless arrest in public place reasonable b/c officer had P/C. Rationale: Tradition, desire not to hamper ...
[DOC File]LD15
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SPECIFICATIONS FOR LEARNING DOMAIN #15. LAWS OF ARREST. February 15, 2017. RBC Other Basic Courses Requal 832 III II I SIBC I. LEARNING NEED. Peace officers must have an understanding of the amendments to the U.S. Constitution and similar sections of the California Constitution that are related to the authority, liability, and responsibility they have in making arrests.
[DOC File]Filed 2/8/05 - California Courts
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(Mercer, supra, 53 Cal.3d at pp. 768-769.) The court reasoned that such observation of motion was necessary because Penal Code section 836, subdivision (1) authorizes warrantless misdemeanor arrests only when there is reasonable cause to believe an offense has been committed in the officer’s presence. (Id. at pp. 761, 769.)
[DOCX File]15 .gov
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This instruction is designed to encompass only the most common instances of arrest without a warrant. Alaska law authorizes warrantless arrests in specific contexts not covered by this instruction. See AS 12.25.030(b) (1985 Supp.) (assault against member of household); AS 12.25.033 (1978 Supp.) (arrest in certain motor vehicle offenses).
[DOCX File]Searches and Seizures
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Warrantless Arrests and Searches of Persons10. ... California v. Ciraolo. rejected in . Caballes ... if fine-only misdemeanor, officer should issue citation unless meats reasonableness requirement (specific and articulable facts) otherwise, there is grave potential for abuse of this police power.
[DOC File]CRIMINAL PROCEDURE OUTLINE: Broughton
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WARRANTLESS SEARCHES AND SEIZURES: all custodial arrests must be based on probable cause; there is a preference for arrest warrants. RULE: warrantless arrests are permitted in public places if there is probable cause; no arrest warrant is needed: public place . misdemeanor in a public place: where it has occurred in the officer’s presence
[DOCX File]Criminal Procedure - Online Resources
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State-specific supplements have been provided for California, Florida, Illinois, New York, Ohio, Texas, and Virginia. ... Misdemeanor Arrests and Citations 152. Atwater v. Lago Vista 155. ... Other Warrantless Searches 219. Inventories 219. Chapter Summary 221.
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