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

  • If the person committed a breach of the peace in the officer's presence
  • If the officer has a reasonable ground to believe that the person is a felon
  • If the officer has a reasonable ground to believe that the person is about to commit a felony
  • All of the above (correct)

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

  • Armed robbery (correct)
  • Shoplifting
  • Assault
  • Public intoxication

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

  • To deprive people of their liberty
  • To apprehend all criminals
  • To balance preserving liberty and preserving the peace (correct)
  • To preserve 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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    Description

    Test your knowledge of the common law rule on arrests and the authority to arrest without a warrant in this quiz. Explore the constitutional implications and learn about the exceptions to the general rule.

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