CRIMINAL PROCEDURE GPSTC LATEST FINAL EXAMS
ALL QUESTIONS AND ANSWERS SURE A+
✔✔an officer who loses power of arrest: - ✔✔no authority to execute an arrest warrant
may not apply for SW
no authority to issue UTC
No arrest for a city or county ordinance violation
authority to arrest reduced to same as private citizen
✔✔Peace Officer Authority After Graduation - ✔✔an officer will not receive actual
certification from POST for several weeks after graduation from academy
✔✔an officer may make a warrantless arrest under - ✔✔17-4-20 or 17-4-23 if PC exists
✔✔arrest based on personal observation of a peace officer - ✔✔the officer must be
there lawfully or how observed it must be lawful
info must be legally obtained
✔✔PC for : arrest is dealing with ____________ - ✔✔probabilities *not* certainties
it must exist at the time of arrest. taking in consideration what he has heard, smell,
touched, or seen
training and experience obviously play a part.
, ✔✔collective knowledge - ✔✔pc may rest on this when there is some degree of
communication between them, not just possessed by the officer that makes the arrest
✔✔preponderance of the evidence - ✔✔the level of proof in civil cases; more than half
the evidence supports the allegations of one side
*51%*
✔✔California v. Hodari - ✔✔In order for a seizure to have occurred there must either be
some application of physical force, even if extremely slight, or a show of authority to
which the subject yields.
✔✔two parts to an arrest warrant - ✔✔1. the affidavit - a sworn statement (of facts)
2. command - order of a court
✔✔officer may arrest in any county (17-4-25) - ✔✔under a warrant issued by judicial
officer, an arresting officer may, in any county without regard to the residence of the
arresting officer, arrest any person charged with a crime.
✔✔if you arrest someone, they have to be in front of a judge within ______________ -
✔✔72 hours (first appearance)
if not, supposed to be released
✔✔any judge of superior, city, state, or mag court can _____________ - ✔✔issue a
warrant based on PC
(if its someone other than a lawyer or a cop, there can be a warrant application hearing)
✔✔warrant for arrest issued in any county even though ______________ - ✔✔crime
was committed in any county
✔✔a warrant for arrest can be signed by _____________ - ✔✔any judge of any county
✔✔can a private citizen arrest? - ✔✔yes, if the offense was committed in his presence
✔✔Immunity from arrest - ✔✔>members of the military going to drill or active duty
unless felony or breaching the peace
>members of the GA assembly when they are in session
>diplomatic immunity
✔✔Search incident to arrest - ✔✔A warrantless search of a person and the area around
that person, conducted shortly after the person is arrested.
*arrest must be lawful*
ALL QUESTIONS AND ANSWERS SURE A+
✔✔an officer who loses power of arrest: - ✔✔no authority to execute an arrest warrant
may not apply for SW
no authority to issue UTC
No arrest for a city or county ordinance violation
authority to arrest reduced to same as private citizen
✔✔Peace Officer Authority After Graduation - ✔✔an officer will not receive actual
certification from POST for several weeks after graduation from academy
✔✔an officer may make a warrantless arrest under - ✔✔17-4-20 or 17-4-23 if PC exists
✔✔arrest based on personal observation of a peace officer - ✔✔the officer must be
there lawfully or how observed it must be lawful
info must be legally obtained
✔✔PC for : arrest is dealing with ____________ - ✔✔probabilities *not* certainties
it must exist at the time of arrest. taking in consideration what he has heard, smell,
touched, or seen
training and experience obviously play a part.
, ✔✔collective knowledge - ✔✔pc may rest on this when there is some degree of
communication between them, not just possessed by the officer that makes the arrest
✔✔preponderance of the evidence - ✔✔the level of proof in civil cases; more than half
the evidence supports the allegations of one side
*51%*
✔✔California v. Hodari - ✔✔In order for a seizure to have occurred there must either be
some application of physical force, even if extremely slight, or a show of authority to
which the subject yields.
✔✔two parts to an arrest warrant - ✔✔1. the affidavit - a sworn statement (of facts)
2. command - order of a court
✔✔officer may arrest in any county (17-4-25) - ✔✔under a warrant issued by judicial
officer, an arresting officer may, in any county without regard to the residence of the
arresting officer, arrest any person charged with a crime.
✔✔if you arrest someone, they have to be in front of a judge within ______________ -
✔✔72 hours (first appearance)
if not, supposed to be released
✔✔any judge of superior, city, state, or mag court can _____________ - ✔✔issue a
warrant based on PC
(if its someone other than a lawyer or a cop, there can be a warrant application hearing)
✔✔warrant for arrest issued in any county even though ______________ - ✔✔crime
was committed in any county
✔✔a warrant for arrest can be signed by _____________ - ✔✔any judge of any county
✔✔can a private citizen arrest? - ✔✔yes, if the offense was committed in his presence
✔✔Immunity from arrest - ✔✔>members of the military going to drill or active duty
unless felony or breaching the peace
>members of the GA assembly when they are in session
>diplomatic immunity
✔✔Search incident to arrest - ✔✔A warrantless search of a person and the area around
that person, conducted shortly after the person is arrested.
*arrest must be lawful*
