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Arrest Laws, Part 1

NCJ Number
75351
Date Published
1975
Length
0 pages
Annotation
This instructional packet on the California Penal Code procedures for police officers to follow in making arrests includes an audio cassette recording, a filmstrip, and a series of paper-and-pencil tests.
Abstract
The packet notes that arrests are open to close scrutiny to ensure that human rights and freedoms are not violated. Further, arrest abuses have encouraged legislatures to restrict police officers' freedom in arrest procedures, or the authorized taking of a person into police custody. For an arrest to occur, a corpus delicti for a crime must be completed. Two types of arrests exist: (1) actual restraint (with or without the use of force) and (2) submission to custody. Generally, officers may not use deadly force in the process of making a misdemeanor arrest; however, officers may do so if their life is threatened. Most law-enforcement agencies prohibit firing warning shots during an attempted arrest. The primary power to arrest is vested in arresting under warrant. The following exceptions exist: First, an arrest may be made if the officer has probable cause to believe that an offense was committed in his or her presence; Second, an officer may arrest a felony suspect without a warrant; Third, an officer may make an arrest without warrant when there is probable cause to believe that a felony has been committed. A workbook is provided which includes test questions and a unit overview. An answer key is provided for instructors.

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