Arrest Without Warrant
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Questions and Answers

What is required for an officer to make a lawful arrest or issue a citation without a warrant?

  • Consent from the suspect to be arrested or cited
  • Reasonable suspicion that a crime has been committed
  • Probable cause to make the arrest (correct)
  • A court order authorizing the arrest or citation
  • According to the policy, what is the preferred method for clearing a case when a suspect is contacted during an investigation?

  • Releasing the suspect and continuing the investigation
  • Making a physical arrest or issuing a citation as appropriate (correct)
  • Obtaining an arrest warrant before making an arrest
  • Issuing a citation in lieu of a physical arrest
  • When making a warrantless, non-consensual entry into a private residence or property to make an arrest, what policy must officers adhere to?

  • The OPD "Use of Force" policy
  • The OPD "Officer Safety" policy
  • The OPD "Searches – Private Property and Residences" policy (correct)
  • The OPD "Arrest Procedures" policy
  • Which of the following is NOT listed as a factor that officers may consider when determining whether probable cause exists to justify an arrest?

    <p>The suspect's prior criminal record</p> Signup and view all the answers

    According to the policy, what is the first criterion for a lawful arrest?

    <p>There is reason to believe that a crime has been committed</p> Signup and view all the answers

    Under what circumstances can an officer rely on information provided by an informant when determining probable cause for an arrest?

    <p>If it is reasonable under the circumstances to credit the informant</p> Signup and view all the answers

    What is required for UPB officers to continue the investigation on the same shift in misdemeanor offenses?

    <p>Contacting the suspect</p> Signup and view all the answers

    In what circumstances is command approval required for physical booking of a suspect?

    <p>When probable cause exists</p> Signup and view all the answers

    What information is not necessary for positively identifying arrestees?

    <p>Marital Status</p> Signup and view all the answers

    Under what circumstances is it acceptable to issue a criminal citation instead of making a physical arrest?

    <p>When a failure to appear or warrant history exists</p> Signup and view all the answers

    Which charges make a suspect ineligible for citation release regardless of misdemeanor or felony classification?

    <p>Theft of property charges</p> Signup and view all the answers

    According to the policy, what do OPD Orders #24-02 and #29-08 reference?

    <p>Nebraska Revised Statutes</p> Signup and view all the answers

    Which CALEA Accreditation Standard is relevant to the policy outlined?

    <p>1.2.5</p> Signup and view all the answers

    Under what circumstances can an officer physically arrest and book a person without a warrant for a misdemeanor offense?

    <p>When the officer believes the person will cause injury or damage unless immediately arrested.</p> Signup and view all the answers

    In the context of misdemeanor offenses, what does 'Presence of the Officer' mean?

    <p>The offense must occur within one or more of the officer's senses.</p> Signup and view all the answers

    When can officers issue a citation or citation request for certain misdemeanor offenses involving property such as a motor vehicle?

    <p>When the offense is classified as a misdemeanor and approved by their supervisor.</p> Signup and view all the answers

    What is the protocol if an officer has probable cause for a crime but cannot make a physical arrest without a warrant?

    <p>Attempt to clear the case through citation in lieu of arrest.</p> Signup and view all the answers

    What is required for an officer to make a FELONY arrest without a warrant?

    <p>Probable cause is necessary for any felony arrest without a warrant.</p> Signup and view all the answers

    For which offenses must officers adhere to the OPD 'Searches - Private Property and Residences' policy when making a warrantless, non-consensual entry?

    <p>All felony offenses.</p> Signup and view all the answers

    When should officers apply for a warrant in cases where neither physical arrest nor citation is considered appropriate?

    <p>Once they have all relevant information regarding 'reasonable cause.'</p> Signup and view all the answers

    'Uniform Patrol Bureau (UPB) Officers’ Investigatory Responsibility' includes which of the following?

    <p>'All witnesses will be completely identified for later contact.'</p> Signup and view all the answers

    What is the requirement for officers to make full investigative inquiry when contact is established with a suspect?

    <p>Obtain statements about the crime.</p> Signup and view all the answers

    When can a suspect be booked without command approval according to the policy?

    <p>If probable cause exists.</p> Signup and view all the answers

    What information is required for positively identifying arrestees according to the policy?

    <p>Date of birth.</p> Signup and view all the answers

    Under what circumstances can a suspect be issued a criminal citation instead of being physically arrested?

    <p>If a failure to appear or warrant history exists.</p> Signup and view all the answers

    What charges make a suspect ineligible for citation release regardless of misdemeanor or felony classification?

    <p>Theft by Receiving Stolen Property.</p> Signup and view all the answers

    What document will include the name and rank of the commanding officer approving the booking?

    <p>Narrative of the original Incident Report.</p> Signup and view all the answers

    When is it acceptable to remove a suspect to a separate location for fingerprint identification?

    <p>'Under rare occasions' when identification is not possible.</p> Signup and view all the answers

    'CIB investigators may issue a citation for certain offenses when approved by their supervisor' applies to which type of offenses?

    <p>'Misdemeanor offenses only.'</p> Signup and view all the answers

    'Physical arrest and booking is appropriate when a failure to appear or warrant history exists' applies to which situation?

    <p>'Theft-related offenses.'</p> Signup and view all the answers

    'Officers will follow Nebraska Revised Statute §29-422' regarding what aspect of their duties?

    <p>'Issuing citations in lieu of arrest.'</p> Signup and view all the answers

    What criteria must be present for a lawful arrest to be made according to the Omaha Police Department's policy?

    <p>Probable cause to arrest and evidence linking the suspect to the crime</p> Signup and view all the answers

    Which type of information may officers consider when determining probable cause for an arrest?

    <p>Expert knowledge or experience, information from any informant, and information from the dispatcher</p> Signup and view all the answers

    What should officers adhere to when making a warrantless, non-consensual entry into a private residence/property to make an arrest?

    <p>'Searches – Private Property and Residences' policy</p> Signup and view all the answers

    What is necessary for an officer to justify an arrest or citation without a warrant according to OPD policy?

    <p>Probable cause and expert knowledge</p> Signup and view all the answers

    Which fact must be true for officers to determine probable cause exists to justify an arrest?

    <p>Information received from any informant whom it is reasonable under the circumstances to credit</p> Signup and view all the answers

    When can officers take into account all facts and circumstances to determine whether probable cause exists?

    <p>When deciding whether to justify an arrest without warrant</p> Signup and view all the answers

    What is a possible reason for an officer to physically arrest and book a person for a misdemeanor without a warrant?

    <p>If the suspect has not fully identified themselves</p> Signup and view all the answers

    In what scenario can an officer issue a citation request for certain misdemeanor offenses involving property like a motor vehicle?

    <p>If the suspect is not present or cannot be located</p> Signup and view all the answers

    What must an officer have to issue a criminal citation without making a physical arrest?

    <p>Probable cause that a crime has been committed</p> Signup and view all the answers

    When can an officer physically arrest and book a person without a warrant for a felony offense?

    <p>If there is probable cause to believe they committed a felony</p> Signup and view all the answers

    What must an officer do before making a warrantless, non-consensual entry into a private property or residence to make a felony arrest?

    <p>Adhere to the OPD 'Searches - Private Property and Residences' policy</p> Signup and view all the answers

    What does 'Presence of the Officer' mean regarding committing a misdemeanor offense?

    <p>It indicates that it occurred within one or more of the officer's senses</p> Signup and view all the answers

    What is the main reason for officers to apply for a warrant at a later time when neither physical arrest nor citation is considered appropriate?

    <p>To address 'reasonable cause' with complete identification of the suspected person</p> Signup and view all the answers

    'Misdemeanor Arrests: Citation Release' policy states that if an officer intends to issue merely a criminal citation, what is necessary?

    <p>Probable cause that a crime was committed by the person cited</p> Signup and view all the answers

    In cases where probable cause exists but physical arrest is not allowed without meeting requirements, what action will officers take?

    <p>Attempt to clear the case through citation in lieu of arrest</p> Signup and view all the answers

    According to the policy, what factors can officers consider when determining if probable cause exists to justify an arrest?

    <p>Facts based on the officer's expert knowledge or experience, information from credible informants, and information from other officers or dispatchers</p> Signup and view all the answers

    In what situation can an officer rely on information from an informant when determining probable cause for an arrest?

    <p>If it is reasonable under the circumstances to credit the informant, even if their credibility is unknown at the time</p> Signup and view all the answers

    What policy must officers adhere to when making a warrantless, non-consensual entry into a private residence or property to make an arrest?

    <p>The 'Searches – Private Property and Residences' policy</p> Signup and view all the answers

    According to the policy, what is the main reason for officers to apply for a warrant at a later time when neither physical arrest nor citation is considered appropriate?

    <p>To allow for further investigation and gathering of evidence</p> Signup and view all the answers

    Which type of information is NOT listed as something officers may consider when determining probable cause for an arrest?

    <p>The suspect's criminal history and reputation</p> Signup and view all the answers

    What is required for an officer to make a lawful arrest or issue a citation without a warrant, according to the policy?

    <p>Probable cause to believe a crime has been committed and that the suspect committed it</p> Signup and view all the answers

    According to the policy, when can an officer physically arrest and book a person without a warrant for a misdemeanor offense?

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

    What is the significance of the phrase "Presence of the Officer" in the context of misdemeanor offenses?

    <p>It means the misdemeanor occurred within one or more of the officer's five senses, not necessarily witnessed visually.</p> Signup and view all the answers

    If an officer has probable cause for a crime but cannot make a physical arrest without a warrant, what should the officer do?

    <p>B and C are correct actions outlined in the policy.</p> Signup and view all the answers

    When making a warrantless, non-consensual entry into a private property or residence to make a felony arrest, what policy must officers adhere to?

    <p>The OPD &quot;Searches - Private Property and Residences&quot; policy.</p> Signup and view all the answers

    What is required for an officer to make a lawful felony arrest without a warrant?

    <p>The officer must have probable cause that a felony has been committed.</p> Signup and view all the answers

    Under what circumstances can CIB investigators issue a citation or citation request for certain misdemeanor offenses involving property like a motor vehicle?

    <p>When the offense is classified as a misdemeanor and approved by their supervisor.</p> Signup and view all the answers

    According to the policy, what is the main criterion for determining if probable cause exists to justify an arrest?

    <p>The officer must have specific information supporting the belief that a crime has been committed.</p> Signup and view all the answers

    What is the responsibility of Uniform Patrol Bureau (UPB) officers when investigating misdemeanor offenses?

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

    If neither physical arrest nor citation is considered appropriate, what should the officer do according to the policy?

    <p>Forward the completed report with all information regarding reasonable cause.</p> Signup and view all the answers

    What is NOT a factor that officers may consider when determining whether probable cause exists to justify an arrest?

    <p>A hunch or mere belief that a crime has been committed.</p> Signup and view all the answers

    According to the policy, when is it acceptable for officers to issue a criminal citation under a placeholder name like 'John Doe' or 'Jane Doe'?

    <p>When the suspect's true identity cannot be immediately established</p> Signup and view all the answers

    Which of the following statements accurately reflects the policy regarding the requirement for officers to issue a citation in lieu of arrest?

    <p>Officers are required to issue citations in lieu of arrest to the maximum extent consistent with effective law enforcement and public protection</p> Signup and view all the answers

    According to the policy, in which scenario can an officer physically arrest and book a suspect for a misdemeanor offense without a warrant?

    <p>When the suspect has a failure to appear or warrant history</p> Signup and view all the answers

    Which of the following pieces of information is NOT listed as required for positively identifying arrestees, according to the policy?

    <p>Social Security Number</p> Signup and view all the answers

    According to the policy, in which scenario can CIB investigators issue a citation or citation request for certain misdemeanor offenses involving property such as a stolen motor vehicle?

    <p>When the offense is classified as a misdemeanor and approved by their supervisor</p> Signup and view all the answers

    According to the policy, what information must be documented in the narrative of the original Incident Report when a suspect is physically booked?

    <p>The name and rank of the commanding officer approving the booking</p> Signup and view all the answers

    According to the policy, when is command approval required for physically booking a suspect?

    <p>Command approval is always required for physically booking a suspect, regardless of the circumstances</p> Signup and view all the answers

    According to the policy, which of the following charges makes a suspect ineligible for citation release, regardless of whether it is classified as a misdemeanor or felony?

    <p>Theft by Receiving Stolen Property (NRS §28-517)</p> Signup and view all the answers

    According to the policy, what must officers do when contact is made with a suspect during an investigation of a misdemeanor offense?

    <p>Obtain a statement about the crime and full identification of the suspect</p> Signup and view all the answers

    According to the policy, in what situation is it acceptable to remove a suspect to a separate location for fingerprint identification before issuing a criminal citation?

    <p>When it is necessary to positively identify the suspect</p> Signup and view all the answers

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