OPOTA 2-3 Laws of Arrest questions with correct answers

OPOTA 2-3 Laws of ArrestThe Fourth Amendment of the United States Constitution - correct answer Requires the Presence of Probable Cause for the Arrest of any Person Four Elements Necessary to Constitute an Arrest - correct answer -An intent to arrest -Under real or assumed legal authority -Accompanied by an actual or constructive seizure or detention of the person -Which is understood by the person arrested Seven Requirements for a Valid Arrest Warrant - correct answer 1.) Warrant must be supported by probable cause 2.) Affidavit must be supported by oath of affirmation 3.) Person seized must be particularly described 4.) Warrant must state the nature of the offense 5.)Warrant must designate the officer or class of officers who are directed to comply with the order of the court 6.) Warrant must be issued in the name of the state or United States 7.) Warrant must be issued and signed by a neutral detached judicial officer Probable cause exits when... - correct answer The facts and circumstances within the officer's knowledge and of which he/she has reasonably trustworthy sufficient to warrant a person to believe that an offense has been, or is being, committed by the person to be arrested. The issuing authority must... - correct answer look at the "totality of circumstances" in determining if probable cause exists to issue the arrest warrant When Probable Cause May Become "Stale" - correct answer Information that gave rise to probable cause may become "stale" when, after a warrant is issued but before it is executed, the officers obtain information which contradicts the earlier information that gave rise to the probable cause.