Legal Rights Quiz

Questions and Answers

According to the common law, what is the duty of an officer after making an arrest?

To take the alleged offender before a magistrate without unnecessary delay (correct)

To release the alleged offender immediately

To consult with a lawyer before proceeding

To keep the alleged offender in custody indefinitely

In what circumstances can a constable make an arrest without a warrant?

Only if they have received specific instructions from a magistrate

For any reason whatsoever

Only if the breach of peace was committed in their view (correct)

Only if the alleged offender has a criminal record

Can an action for false imprisonment be brought even if the arrest was lawful?

No, an action for false imprisonment can only be brought if the person arrested suffered physical harm

No, an action for false imprisonment can only be brought if the arrest was unlawful

Yes, but only if the person arrested was innocent

Yes, an action for false imprisonment can be brought regardless of the lawfulness of the arrest (correct)

What is considered a type of false imprisonment?

Delaying the process of law Signup and view all the answers

What is the duty of an arresting officer?

To take the arrested person to court without delay Signup and view all the answers

When is it legal to detain an arrested person in jail?

For the purpose of bringing the person before a magistrate Signup and view all the answers

What is the consequence of an officer unreasonably delaying the process of bringing an arrested person before a magistrate?

The officer is liable for false imprisonment Signup and view all the answers

An officer who arrests a person on criminal process but fails to take them before a court becomes liable for what?

False imprisonment Signup and view all the answers

What duty is required of an officer when making an arrest under a warrant?

To take the prisoner to a magistrate without delay Signup and view all the answers

In the case discussed, why did the Supreme Court of Appeals of Virginia condemn the actions of the arresting officer and the jailer?

They denied the defendant the opportunity for judicial review Signup and view all the answers

What is the duty of an officer after a lawful arrest?

To bring the prisoner before an examining magistrate Signup and view all the answers

According to the Supreme Court of Washington, what is the duty of a police officer after lawfully arresting a person?

To take the person before a court and make a complaint Signup and view all the answers

What is the purpose of taking a person arrested directly to a judge or court?

To avoid having the liberty of the citizen unjustly dealt with by executive officers Signup and view all the answers

Who has the authority to decide whether a person arrested should be detained or released?

The judicial officer Signup and view all the answers

What can happen if an arresting officer fails to take a person arrested before a magistrate?

The officer will be convicted of false imprisonment Signup and view all the answers

What is the duty of an arresting officer upon making an arrest, whether with or without a warrant?

To bring the arrested person before a court or magistrate without unnecessary delay Signup and view all the answers

What is the purpose of bringing the arrested person before a court or magistrate without unnecessary delay?

To determine whether a warrant should be issued for detention Signup and view all the answers

What is the consequence of detaining the arrested person in custody for any purpose other than taking them before a magistrate?

It is a violation of the person's rights Signup and view all the answers

Can the duty of an arresting officer to bring the arrested person before a magistrate be abrogated by statute?

No, it cannot be abrogated by statute Signup and view all the answers

What is the requirement for an arresting officer when it comes to bringing an accused before a magistrate?

The officer must bring the accused before a magistrate as quickly as possible Signup and view all the answers

What happens if an officer fails to take a prisoner to a proper judge or causes an unreasonable delay in doing so?

The officer becomes a trespasser ab initio Signup and view all the answers

In which case did the Supreme Court of Illinois state that the arrest of the plaintiff was illegal and violated the plaintiff's rights?

Kindred v. Stilt Signup and view all the answers

What happens if an executive officer makes a lawful arrest but fails to bring the arrested person to a magistrate?

The entire transaction, including the arrest, becomes unlawful and a trespass Signup and view all the answers

Study Notes

Duty of Officer to Bring Arrested Person before Magistrate

It is a fundamental rule of procedure that an alleged offender must be taken before a magistrate to be dealt with according to law.
Failure to bring an arrested person before a magistrate without delay or unnecessary delay can result in a false imprisonment charge.
Whether the arrest is made with or without a warrant, an action for false imprisonment can be based on an unreasonable delay in presenting the arrested person before a magistrate.
The common law rule requires an arrest without warrant to be made for the purpose of bringing the offender before a civil magistrate.
It is the duty of the arresting officer or person to take the prisoner before a magistrate with reasonable diligence and without unnecessary delay.
Detaining the arrested person in jail for purposes other than bringing them before a magistrate is illegal.
Even in cases of severe crimes, the arresting officer must bring the prisoner to the nearest magistrate or court without unnecessary delay.
The arresting officer is liable for false imprisonment if they only intend to detain the arrested person or unreasonably delay presenting them before a magistrate.
Taking an arrested person to a jail for detention and fingerprinting is a violation of their rights and evidence that the officer did not intend to bring them directly to a judge.
It is the right and duty of the arresting officer to take the prisoner before a court or magistrate for a hearing or examination without unnecessary delay.
The accused has the right to prompt judicial examination, and it is the duty of the arresting officer to bring them before a judicial officer without unnecessary delay.
The rule requiring an officer or person arresting to bring the arrested party before a magistrate is the same in all states and cannot be changed by statute.

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Test your knowledge on the legal requirement of prompt presentment before a magistrate and the admissibility of confessions. Explore the Federal Court of Appeals' ruling on a case involving a detour during transportation from the place of arrest.