Nypd Law Chapter 3 Authority To Arrest With Solutions 100% Correct
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Course
NYPD
Institution
NYPD
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...
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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