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Questions and Answers
What is the authority given to an arresting officer under the fresh pursuit doctrine?
What is the authority given to an arresting officer under the fresh pursuit doctrine?
- To arrest a person without probable cause
- To arrest a person outside their jurisdiction with the same authority as an officer in that jurisdiction (correct)
- To arrest a person without a warrant
- To arrest a person only within their jurisdiction
What is a prerequisite for the power to arrest after fresh pursuit?
What is a prerequisite for the power to arrest after fresh pursuit?
- The officer must have made an arrest within their jurisdiction before
- The officer had legally sufficient grounds to detain or arrest before they left their jurisdiction (correct)
- The officer must have a warrant
- The officer must have received permission from a superior
What does not negate the fresh pursuit doctrine?
What does not negate the fresh pursuit doctrine?
- The officer had no probable cause
- The perpetrator and/or their vehicle are located for the first time outside the officer's jurisdiction (correct)
- The officer did not give the perpetrator a warning
- The officer failed to obtain a warrant
What are the requirements for fresh pursuit to apply?
What are the requirements for fresh pursuit to apply?
What must an officer do if they make an arrest in a different county within their jurisdiction?
What must an officer do if they make an arrest in a different county within their jurisdiction?
Who must take the arrested person before a trial court judge of the county in which the arrest was made?
Who must take the arrested person before a trial court judge of the county in which the arrest was made?
What is the time frame for taking the arrested person before a trial court judge of the county in which the arrest was made?
What is the time frame for taking the arrested person before a trial court judge of the county in which the arrest was made?
In which case did the court rule that fresh pursuit is not negated by the fact that the perpetrator and/or their vehicle are located for the first time outside the officer's jurisdiction?
In which case did the court rule that fresh pursuit is not negated by the fact that the perpetrator and/or their vehicle are located for the first time outside the officer's jurisdiction?
Study Notes
Fresh Pursuit
- Fresh pursuit allows a duly authorized state, county, or municipal arresting officer to arrest a person outside their jurisdiction.
- The officer has the same authority to arrest and hold the person in custody outside their jurisdiction as an authorized arresting officer within their jurisdiction.
Conditions for Fresh Pursuit
- The officer must have legally sufficient grounds to detain or arrest before leaving their jurisdiction.
- Fresh pursuit is not negated if the perpetrator and/or their vehicle are located for the first time outside the officer's jurisdiction.
- Three conditions must be met for fresh pursuit to apply:
- The police must act without unnecessary delay.
- The pursuit must be continuous and uninterrupted.
- There must be a close temporal relationship between the commission of the offense and the commencement of the pursuit and apprehension of the suspect.
Procedure After Arrest
- If an officer outside their jurisdiction makes an arrest in the state, they must immediately notify the officer in charge of the jurisdiction in which the arrest is made.
- The officer in charge of the jurisdiction and the arresting officer must take the person arrested before a trial court judge of the county in which the arrest was made without unnecessary delay.
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Description
Understand the authority of arresting officers in pursuit of a suspect outside their jurisdiction. Legal Guideline #21
