Arrest Warrants and Legal Procedures

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Questions and Answers

According to the text, what is the purpose of requiring warrants in the seizure of persons and property?

To prevent easy and arbitrary arrests and seizures (correct)

To ensure the executive department follows the law

To protect common law principles

To give power to the police

What does the Fourth Amendment protect according to the text?

Privacy

Property

Liberty

All of the above (correct)

According to the text, when is a warrant required for an arrest?

Only when public security allows

Always (correct)

Never

Only when the police are involved

According to the text, why is it important for the arresting officer to have the warrant in their possession?

To show the warrant to the accused Signup and view all the answers

What happens if an officer fails to show or display a warrant when one allegedly exists?

The arrest becomes illegal Signup and view all the answers

According to the text, what is the purpose of an officer having the warrant in their possession when making an arrest?

To exhibit the warrant if requested Signup and view all the answers

What did the Supreme Court of Texas state regarding the possession of a warrant by an officer making an arrest?

The officer must exhibit the warrant if requested Signup and view all the answers

According to the text, what does it mean for a warrant to be 'in his possession' when making an arrest?

The warrant must be in the officer's actual possession. Signup and view all the answers

In the case of Crosswhite v. Barnes, what happened when the officers first encountered Mrs. Barnes?

They stopped her car. Signup and view all the answers

According to the Supreme Court of Appeals of Virginia, what is necessary for an officer to justify an arrest under a warrant?

The officer must have the warrant with him and show it on request. Signup and view all the answers

What is the ancient practice referred to in the text that allowed pursuit of felons without a warrant?

Hue and cry Signup and view all the answers

According to the law textbook, which of the following statements is true about relying upon a warrant in making an arrest?

The person making the arrest must read the warrant if requested to do so. Signup and view all the answers

According to the Annotation of American Law Reports, what is the weight of authority regarding showing a warrant upon making an arrest under a warrant?

The officer must show the warrant upon request. Signup and view all the answers

According to the text, what does the enactment of a statute requiring the showing of a warrant upon arrest signify?

It is a declaratory of the due process procedure that must be followed in an arrest. Signup and view all the answers

According to the text, when can a police officer make an arrest without a warrant?

When the officer is in possession of the warrant Signup and view all the answers

According to the text, what is required when making an arrest under the authority of a warrant?

The officer must have the warrant in his possession Signup and view all the answers

According to the text, what did the Supreme Court of Georgia hold in the case of Adams?

Adams was not guilty of any offense Signup and view all the answers

According to the text, what happens if an arrest is made without the warrant in the possession of the arresting officer?

The arrest is considered illegal Signup and view all the answers

According to the Supreme Court of North Carolina, when arresting an individual for a misdemeanor charge, the officer must have the warrant in their ________

possession Signup and view all the answers

In the case of a misdemeanor charge, the arrest is considered unlawful if the warrant is in the officer's ________ instead of with the person making the arrest.

office Signup and view all the answers

The good faith of the officer making the arrest affects the ________ of the arrest.

legality Signup and view all the answers

According to the State Supreme Court, an officer making an arrest for a misdemeanor charge must have the warrant in their ________ if the arrest is to be lawful.

actual possession Signup and view all the answers

Study Notes

Importance of Warrants in Seizure of Persons and Property

The requirement for warrants in the seizure of persons and property is based on common law principles.
The use of "general warrants" in the past led to easy and arbitrary arrests and seizures, which were strongly condemned.
The executive department has a history of disregarding and violating the requirement for warrants, despite constitutional declarations.
The Fourth Amendment protects privacy and property, but has been violated.
Due process of law prescribes the actual requirement of a warrant for most arrests, except in cases where public security allows for warrantless arrests.
A warrant of arrest is a written order issued by a court or magistrate, commanding a peace officer or specified person to arrest a named individual.
It is a fundamental law that a warrant must be in the actual possession of the arresting officer in order to protect their actions.
The possession of the warrant is necessary to show the authority for the arrest and to display or read the warrant promptly.
The warrant must be close at hand and able to be shown upon request, but it does not necessarily need to be directly in the hand of the arresting officer.
The possession of the warrant cannot be with another person or in a location distant from the scene of the arrest, as this would render the arrest unlawful.
Several court cases have held that an officer making an arrest for a misdemeanor not committed in their presence must have the warrant in their actual possession at the time of arrest.
Failure to have the warrant in actual possession can render an arrest illegal, even if there is a valid warrant for the individual being arrested.

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Description

Test your knowledge of arrest warrants and legal procedures in this quiz. Explore a Georgia case where a warrant was issued for the arrest of Shaw and learn about the role of constables and the requirement of having a warrant on hand.