Arrest

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					    Laws of Arrest
     Bakersfield College
Department of Criminal Justice
      Dr. Charles Feer
               Arrest Defined:
   An arrest is made an
    actual made by an
    actual restraint of the
    person, or
   By submission to the
    custody of the person
    making the arrest.
   The person arrested
    may be subjected to
    such restraint as is
    reasonable.
            “Citizen’s Arrest”
   A Private Person may arrest another;
    – For an offense committed or attempted in
      his/her presence.
    – When the person arrested has committed a
      felony, although not in his/her presence.
    – When a felony has been in fact committed, and
      s/he has reasonable cause for believing the
      person arrested to have committed.
Arresting Person may
    Summon Aid
             Any person making an
              arrest may orally
              summon as many
              persons as s/he deems
              necessary to aid
              him/her therein.
Arrest may be Made
   Day or Night
            Whenever an arrest is
             authorized by
             provisions of the Cal.
             Penal Code, it may be
             made on any day and
             at any time of the day
             or night.
     Formalities in Making Arrest
   The person making an
    arrest shall inform the
    person to be arrested
    of the:
    – Intention to arrest.
    – The offense for which
      being arrested.
    – Authority permitting
      the person to make the
      arrest.
     Formalities in Making Arrest
   Notification requirement shall not apply
    when the person making the arrest has
    reasonable cause to believe that the person
    to be arrested is engaged in the commission
    of an offense, or the immediate flight there
    from, until the arrest has been completed.
              Seizing Weapons
   Any person making an
    arrest may take from
    the person arrested
    any weapon which he
    may have about his /
    her person and shall be
    delivered to the
    Sheriff / Chief of
    Police.
Peace Officer Authority to Arrest
   A Peace Officer may
    make an arrest in
    obedience to a warrant, or
    may, without a warrant,
    arrest a person:
   Whenever the officer has
    reasonable cause to
    believe that the person to
    be arrested has committed
    an offense in his/her
    presence.
Peace Officer Authority to Arrest
   When the person arrested
    has committed a felony,
    although not in the
    officer’s presence;
   Whenever the officer has
    reasonable cause to
    believe the person arrested
    committed a felony even if
    in fact no felony has been
    committed.
Peace Officer Authority to Arrest
   May arrest someone
    who has escaped from
    any jail or prison or
    the lawful custody of a
    peace officer.
        Arrest with a Warrant
 An arrest by a peace officer pursuant to a
  warrant is lawful whether or not the officer
  has the warrant in his/her possession at the
  time of the arrest.
 However, upon requests of the person
  arrested, the warrant shall be shown to
  him/her as soon as practicable.
Use of Force
         Any peace officer who
          has reasonable cause
          to believe that a
          person to be arrested
          has committed an
          offense may use
          reasonable force to
          effect the arrest,
          prevent escape or to
          overcome resistance.
                    Use of Force
   A peace officer who
    makes or attempts to make
    an arrest need not retreat
    or desist from his efforts
    by reason of the resistance
    or the threatened
    resistance of the person
    being arrested; nor shall
    the officer be deemed an
    aggressor or lose any right
    to self-defense, or to
    prevent an escape.
                  Forced Entry
   To make an arrest,            A peace officer who
    whether with or                has witnessed the
    without a warrant, a           commission of an
    peace officer may              offense may pursue
    force entry into a
    home which the                 the offender into any
    person to be arrested is       ship, plane, building
    reasonably believed to         or grounds.
    be within, after notice
    of authority and
    purpose.
The Criminal Justice Process




Receipt of raw materials        Processing of the raw materials

                      Booking            Appearance           Indictment,        Punishment
Arrest on the
                        at the              before               trial,              and
    street
                    stationhouse         a magistrate         sentencing         corrections



             Police                                  Courts                    Corrections
 If the product is defective (repeated crime occurs), it is shipped back and processed again.

				
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