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CJ notes 2-2-16

by: Leanna Widhalm

CJ notes 2-2-16 CJ342

Leanna Widhalm
GPA 3.0
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About this Document

first lecture notes of chapter 16
Criminal Procedure
Kristen Pettit
Class Notes
arrest, warrants, criminal procedure, Criminal Justice, probable cause




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This 1 page Class Notes was uploaded by Leanna Widhalm on Monday February 1, 2016. The Class Notes belongs to CJ342 at University of North Dakota taught by Kristen Pettit in Spring 2016. Since its upload, it has received 28 views. For similar materials see Criminal Procedure in Criminal Justice at University of North Dakota.


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Date Created: 02/01/16
Arrest – most serious form of police-citizen encounter. Probable cause required – the facts and circumstances within the officers knowledge and of which they had reasonably trustworthy information are sufficient in themselves to warrant a man of reasonable caution in the belief that a particular crime has been or was being committed. Officers doesn’t have to be right, just belief that something is occurring Courts look at duration and degree of intrusion to distinguish between arrests and stops. Consent negates arrest Can’t detain someone without probably cause, courts will look to determine degree of length and if there was a reason to detain the person Arrest warrant (capias) – document directing the arrest of the defendant. Warrant can’t be issued without probable cause, do not need to provide the location of the suspect, name or description of the person. N.d.r.cim.p. 4 Common law the police had the right to make warrantless arrests of that observed someone in the commission of a felony or had probable cause to believe that a person had committed or was committing a felony. Misdemeanors – the police had to observe someone in the commission of the act. Warrantless arrests aree allowed: Where the crimes are committed in plain view of police officers, or Where officers possess probable cause to make an arrest but exigent circumstances prohibit them from obtaining a warrant Warrantless arrests can be made in public if police have probable cause


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