POWER TO ARREST FINAL EXAM
SCRIPT TESTED QUESTIONS WITH
COMPLETE SOLUTIONS GRADED A
⩥ What Amendment defines and limits the power to arrest? Answer: The
4th Amendment
⩥ The standard for arrest established by the 4th Amendment is what?
Answer: Probable Cause
⩥ What is Probable Cause? Answer: Knowledge based on facts and
circumstances which would cause reasonable and prudent POLICE
OFFICERS to believe that a crime has been, or is being, committed and
that the person to be arrested has committed, or is committing, a crime.
⩥ What is the first thing that must happen to initiate the arrest process?
Answer: A violation of the law
⩥ What is the practical test as to whether an arrest has occurred?
Answer: Whether a reasonable person, under the same circumstances,
would believe that he/she was not free to leave.
,⩥ How does Case law interpret an "arrest"? Answer: "the taking of a
person into custody against his/her will for the purpose of criminal
prosecution or interrogation."
⩥ What are the basis for Arrest? Answer: Probable Cause and
Reasonable Suspicion
⩥ What is Reasonable Suspicion? Answer: Specific articulable facts and
circumstances that would lead a reasonable police officer to suspect a
crime has been, is, or is about to be committed by the person to be
stopped or detained.
⩥ What must be established before the arrest? Answer: Probable cause.
An arrest cannot be based upon facts which turn up after the arrest.
⩥ What are the 3 reasons to make contact? Answer: Hunch, Reasonable
Suspicion, Probable Cause
⩥ What is a Hunch? Answer: Voluntary Contact: It provides no legal
authority to do anything unless it is consensual - cannot stop or detain
the citizen. The officer may approach the citizen and begin speaking
with him/her, but the citizen may legally ignore the officer and walk
away.
⩥ What is another term for Hunch? Answer: Mere Suspicion
, ⩥ What is the Terry vs. Ohio? Answer: Genesis of reasonable suspicion
standard for stop or investigatory detention.
⩥ What does reasonable suspicion allow? Answer: Officers to stop or
detain for a reasonable time to investigate further to confirm or dispel
the suspicion of criminal activity.
⩥ What is the Case Law of State v. Boteo-Flores, 230 Ariz. 105, 280
P.3d 1239 (Ariz. 2012)? Answer: An investigative detention may last no
longer than necessary to effectuate the purpose of the stop. Prolonging
the length of a detention may result in a defacto arrest.
⩥ When discussing Probable Cause, the Facts and circumstances must
demonstrate what? Answer: A "fair probability" that the crime was
committed by the person to be arrested.
⩥ What are some limits of discretion? Answer: The Law
Departmental policies and procedures
Departmental goals and objectives
⩥ What is a Citation in lieu of detention? Answer: A person is eligible to
be cited and released pursuant to A.R.S. §13-3903, whenever a
misdemeanor or a petty offense has been committed and there is
SCRIPT TESTED QUESTIONS WITH
COMPLETE SOLUTIONS GRADED A
⩥ What Amendment defines and limits the power to arrest? Answer: The
4th Amendment
⩥ The standard for arrest established by the 4th Amendment is what?
Answer: Probable Cause
⩥ What is Probable Cause? Answer: Knowledge based on facts and
circumstances which would cause reasonable and prudent POLICE
OFFICERS to believe that a crime has been, or is being, committed and
that the person to be arrested has committed, or is committing, a crime.
⩥ What is the first thing that must happen to initiate the arrest process?
Answer: A violation of the law
⩥ What is the practical test as to whether an arrest has occurred?
Answer: Whether a reasonable person, under the same circumstances,
would believe that he/she was not free to leave.
,⩥ How does Case law interpret an "arrest"? Answer: "the taking of a
person into custody against his/her will for the purpose of criminal
prosecution or interrogation."
⩥ What are the basis for Arrest? Answer: Probable Cause and
Reasonable Suspicion
⩥ What is Reasonable Suspicion? Answer: Specific articulable facts and
circumstances that would lead a reasonable police officer to suspect a
crime has been, is, or is about to be committed by the person to be
stopped or detained.
⩥ What must be established before the arrest? Answer: Probable cause.
An arrest cannot be based upon facts which turn up after the arrest.
⩥ What are the 3 reasons to make contact? Answer: Hunch, Reasonable
Suspicion, Probable Cause
⩥ What is a Hunch? Answer: Voluntary Contact: It provides no legal
authority to do anything unless it is consensual - cannot stop or detain
the citizen. The officer may approach the citizen and begin speaking
with him/her, but the citizen may legally ignore the officer and walk
away.
⩥ What is another term for Hunch? Answer: Mere Suspicion
, ⩥ What is the Terry vs. Ohio? Answer: Genesis of reasonable suspicion
standard for stop or investigatory detention.
⩥ What does reasonable suspicion allow? Answer: Officers to stop or
detain for a reasonable time to investigate further to confirm or dispel
the suspicion of criminal activity.
⩥ What is the Case Law of State v. Boteo-Flores, 230 Ariz. 105, 280
P.3d 1239 (Ariz. 2012)? Answer: An investigative detention may last no
longer than necessary to effectuate the purpose of the stop. Prolonging
the length of a detention may result in a defacto arrest.
⩥ When discussing Probable Cause, the Facts and circumstances must
demonstrate what? Answer: A "fair probability" that the crime was
committed by the person to be arrested.
⩥ What are some limits of discretion? Answer: The Law
Departmental policies and procedures
Departmental goals and objectives
⩥ What is a Citation in lieu of detention? Answer: A person is eligible to
be cited and released pursuant to A.R.S. §13-3903, whenever a
misdemeanor or a petty offense has been committed and there is
