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15 Questions

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Alabama's Due Process and Arrests

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Questions and Answers

According to the text, under what circumstances can an arrest be made without a warrant?

Only for breaches of peace committed in the presence of the arresting officer

For any traffic violation committed in the presence of the arresting officer

For any violation of laws, whether they are a misdemeanor or a felony

Only for felonies committed in the presence of the arresting officer (correct)

What does the Plaintiff argue about the Defendant's arrest?

The arrest was lawful because the Defendant witnessed a misdemeanor

The arrest was unlawful because the Defendant witnessed a felony

The arrest was unlawful because the Defendant did not have a warrant (correct)

The arrest was lawful because the Defendant had a warrant

What does the text state about the arrest made by the Defendant?

The arrest was lawful because it was a traffic violation

The arrest was lawful because it was made pursuant to due process of law

The arrest was unlawful because it deprived the Plaintiff of his liberty without due process of law (correct)

The arrest was unlawful because it was a breach of peace

According to the text, what does the article on due process of law restrain?

Both the legislative and executive powers of government Signup and view all the answers

According to the text, what is the meaning of the term 'due process'?

A process that follows a specified and pre-existing rule of conduct Signup and view all the answers

According to the text, what is the foundation of 'due process of law'?

The common law Signup and view all the answers

According to the text, how can the law surrounding arrests be determined?

By examining the common and statute law of England Signup and view all the answers

According to the text, when is an arrest without warrant considered lawful?

When the officer witnesses a breach of peace Signup and view all the answers

In the Gunderson case mentioned in the text, what did the court explain about arrests without warrants?

They are only allowed in cases of strict public necessity Signup and view all the answers

According to the text, when can store employees stop and arrest a shoplifter without a warrant?

When the shoplifter steals from their employer Signup and view all the answers

What is the general rule of the common law regarding arrests without warrant?

Arrests without warrant are generally unlawful Signup and view all the answers

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

In cases of felony and breaches of the peace Signup and view all the answers

What did the Alabama Supreme Court state regarding the phrase 'due process' in relation to arrests?

It must be determined by what it meant at the common law Signup and view all the answers

What did the Pinkerton case establish regarding warrantless arrests?

A police officer cannot arrest a person without a warrant based on mere suspicion Signup and view all the answers

What do the fundamental constitutional guaranties of personal liberty protect individuals in relation to arrests?

The right of enjoyment of personal freedom without unlawful restraint Signup and view all the answers