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According to the common law rule on arrests, when can a police officer arrest a person without a warrant?

All of the above

Which of the following crimes is considered a felony according to the text?

Armed robbery

What was the objective of the law governing arrests according to the text?

To balance preserving liberty and preserving the peace

According to the text, what did the defendant fail to do after arresting the plaintiff?

<p>Bring the plaintiff before a proper judge or court</p> Signup and view all the answers

According to the text, what did the plaintiff suffer as a result of the defendant's unlawful acts?

<p>Assault and battery</p> Signup and view all the answers

According to the text, what is the plaintiff demanding as judgment against the defendant?

<p>Ten thousand dollars ($10,000)</p> Signup and view all the answers

According to the text, what is the purpose of the common law in relation to due process of law?

<p>To serve as the basis for determining arrest procedures in the absence of constitutional directives</p> Signup and view all the answers

According to the text, what is the consequence of executive officers not abiding by the law on arrest?

<p>They are guilty of false imprisonment</p> Signup and view all the answers

According to the text, what is the purpose of a summons and complaint in protecting one's liberty?

<p>To initiate a lawsuit against an executive officer</p> Signup and view all the answers

According to the text, what is the main allegation in the complaint filed by the plaintiff?

<p>The defendant falsely imprisoned the plaintiff</p> Signup and view all the answers

According to the text, what did the defendant admit to not doing after arresting the plaintiff?

<p>Bringing the plaintiff to a proper Judge or Court</p> Signup and view all the answers

Which of the following actions did the plaintiff not suffer as a result of the defendant's unlawful acts?

<p>Acquittal</p> Signup and view all the answers

According to the text, what is the main legal claim made by the plaintiff against the defendant?

<p>False imprisonment</p> Signup and view all the answers

According to the common law rule on arrests, when can a police officer arrest a person without a warrant?

<p>All of the above</p> Signup and view all the answers

According to the text, what are some examples of felonies?

<p>All of the above</p> Signup and view all the answers

According to the text, what is the objective of the law governing arrests?

<p>To protect the liberty of citizens</p> Signup and view all the answers

According to the text, what is the purpose of the common law in relation to due process of law?

<p>To govern what the law on arrest is</p> Signup and view all the answers

According to the text, what is the consequence of executive officers not abiding by the law on arrest?

<p>They are trespassers and guilty of false imprisonment</p> Signup and view all the answers

According to the text, what did the plaintiff suffer as a result of the defendant's unlawful acts?

<p>Mental anguish, loss of time and wages, discredit in reputation</p> Signup and view all the answers

According to the text, what is the main allegation in the complaint filed by the plaintiff?

<p>False imprisonment</p> Signup and view all the answers

According to the text, under what circumstances can a police officer make an arrest without a warrant?

<p>If the violation is a misdemeanor</p> Signup and view all the answers

According to the text, what is the main argument made by the plaintiff regarding the defendant's arrest?

<p>The defendant did not have any lawful authority to arrest the plaintiff</p> Signup and view all the answers

According to the text, what is the consequence of arresting a person without a warrant and without due process of law?

<p>The arrest is unlawful</p> Signup and view all the answers

According to the common law rule on arrests, when can a police officer arrest a person without a warrant?

<p>Only for breach of peace</p> Signup and view all the answers

According to the text, what is the main objective of the law governing arrests?

<p>To maintain public order</p> Signup and view all the answers

According to the text, what is the consequence of executive officers not abiding by the law on arrest?

<p>They may be sued for damages</p> Signup and view all the answers

According to the text, what are some examples of pre-existing rights and procedures guaranteed by the due process provision?

<p>Right to a fair trial</p> Signup and view all the answers

According to the text, when can an arrest be made without a warrant?

<p>Only in cases of felony</p> Signup and view all the answers

According to the text, what is the significance of the phrase 'due process' in relation to arrests?

<p>It limits the power of the legislature and government officers in authorizing seizures or arrests</p> Signup and view all the answers

According to the text, what was the common law rule regarding arrests without a warrant?

<p>Arrest without warrant has never been lawful, except in cases where public security requires it</p> Signup and view all the answers

According to the text, what is the fundamental constitutional guarantee regarding personal liberty and arrest?

<p>No one may be arrested except by due process of law</p> Signup and view all the answers

According to the common law rule on arrests, when can a police officer arrest a person without a warrant?

<p>When a breach of peace is involved</p> Signup and view all the answers

According to the text, what is the purpose of a warrant for arrest?

<p>To preserve the public peace</p> Signup and view all the answers

According to American Jurisprudence, 2d, Vol. 5, when can a peace officer arrest without warrant for a misdemeanor?

<p>When a breach of peace is involved</p> Signup and view all the answers

According to Corpus Juris Secundum, Vol. 6A, when is arrest without a warrant deemed unlawful at common law?

<p>In cases where the public security has demanded it</p> Signup and view all the answers

According to the common law rule on arrests, when can a police officer arrest a person without a warrant?

<p>Only in cases of felony</p> Signup and view all the answers

According to the text, what is the purpose of the common law in relation to arrests?

<p>To protect people against arbitrary arrests</p> Signup and view all the answers

According to the text, in what situations can a person be arrested without a warrant?

<p>In cases of felony and breaches of the peace committed in the presence of the officer</p> Signup and view all the answers

According to the text, what is the consequence of executive officers not abiding by the law on arrest?

<p>The arrest would be considered illegal</p> Signup and view all the answers

According to the common law, when can a police officer make a lawful arrest without a warrant?

<p>If the officer reasonably suspects the person to have been engaged in a felony</p> Signup and view all the answers

According to the text, what is the general rule of law regarding arrests without a warrant?

<p>There can be no arrest without a warrant</p> Signup and view all the answers

According to the text, what is the purpose of the due process of law provision in the constitution?

<p>To protect citizens from the arbitrary infringement of their right to personal liberty</p> Signup and view all the answers

According to the legal study cited in the text, in which cases can an arrest be made without a warrant?

<p>Only in cases where the requirement of a warrant would obstruct the enforcement of the laws</p> Signup and view all the answers

Study Notes

The Law of Arrest Without Warrant

  • The common law rule on arrests is that they generally cannot be made without a warrant.
  • The right to arrest a person without a warrant is an exception to this general rule.
  • A police officer can arrest without a warrant if there is a breach of the peace committed in their presence or if they have reasonable grounds to believe the person is a felon or about to commit a felony.
  • The objective of this law is to balance preserving liberty and preserving the peace.
  • Felonies, such as murder, rape, kidnapping, armed robbery, treason, and arson, are considered the most heinous crimes.
  • A breach of the peace is a well-known offense that can also result in arrest.
  • The liberty of citizens should not be subject to every ordinance or law enacted by legislative bodies.
  • The common law governs the law on arrest, and statutes can only be declaratory of the common law.
  • Officers who do not follow the common law on arrests are trespassers and guilty of false imprisonment.
  • Citizens can protect their liberty from unlawful encroachment by executive officers by initiating a legal suit.
  • The legal suit requires serving a summons and complaint to the defendant and the court.
  • The complaint should include allegations of false imprisonment, violation of constitutional provisions, and damages suffered by the plaintiff.

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