Arrest Without Warrant
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Questions and Answers

What must be documented in the narrative of the original Incident Report concerning arrests?

  • Details of the crime alleged
  • The location of the arrest
  • Witness statements
  • The name and rank of the commanding officer (correct)

Which of the following must be done when an officer makes an arrest after the initial investigation?

  • Advise the victim that an arrest has been made (correct)
  • Release the suspect if probable cause is weak
  • Inform the suspect of their rights
  • Immediately file a new Incident Report

What is the purpose of the CALEA Accreditation standards mentioned in the policy?

  • To create a standardized incident report format
  • To facilitate victim notification processes
  • To ensure effective law enforcement practices (correct)
  • To provide guidelines for issuing citations

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

<p>Probable cause and command approval (A)</p> Signup and view all the answers

In what circumstance may a citation be issued instead of a physical arrest?

<p>In appropriate circumstances with probable cause (A)</p> Signup and view all the answers

Which of the following statements about misdemeanor citations is true?

<p>Officers only need probable cause that a crime was committed (C)</p> Signup and view all the answers

What must be documented following a misdemeanor investigation by UPB officers?

<p>All relevant information in the Incident Report or Supplemental Reports (A)</p> Signup and view all the answers

What is the role of CIB investigators and Traffic Unit concerning misdemeanor offenses?

<p>They may issue citations or requests if approved by a supervisor (B)</p> Signup and view all the answers

Which of the following is NOT a requirement for UPB officers when investigating misdemeanors?

<p>Making contact with witnesses only (C)</p> Signup and view all the answers

What can warrantless entry into a residence be justified by?

<p>Probable cause for an arrest (C)</p> Signup and view all the answers

What is the mandatory obligation of UPB officers concerning misdemeanor investigations?

<p>To complete the investigation during the same shift (D)</p> Signup and view all the answers

Who has the ultimate authorization to book Juveniles?

<p>Juvenile State Probation Intake Officer (B)</p> Signup and view all the answers

What are two criteria for a lawful arrest that must be present?

<p>Crime has been committed (A), Evidence To Establish (D)</p> Signup and view all the answers

When probable cause exists, but requirements to physically arrest are not met, Officers may do what?

<p>Cite in lieu of arrest (A)</p> Signup and view all the answers

Officers will arrest and book a suspect for what motor vehicle offenses that are ineligible for citation release?

<p>All the above (D)</p> Signup and view all the answers

Physical arrest and booking of a suspect is appropriate when what? (2 answers)

<p>No ties to jurisdiction (C), Previously failed to appear (A)</p> Signup and view all the answers

Flashcards

Criminal citation

A legal document issued to a suspect, outlining the alleged crime, court date, and potential consequences. It allows for release without being physically booked.

Incident Report

An official document created by law enforcement officers detailing the events and circumstances of a criminal incident. It serves as a primary record of the event and can be used as evidence during an investigation.

Probable cause

The legal standard that must be met for an officer to arrest or detain a suspect. It requires the officer to have reasonable belief that the suspect has committed or is about to commit a crime.

Physical booking

A legal term referring to the process of taking a suspect into custody and formally placing them in a jail or detention facility.

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Supplemental Report

A written account of an event that supplements or provides additional information to an existing Incident Report. It allows for the inclusion of facts discovered after the initial investigation.

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Probable Cause for Arrest

A police officer can arrest a suspect without a warrant if they have a strong belief that a crime has been committed and the suspect is likely the person who committed it.

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Arrest without Warrant: Vehicle

An arrest is made physically without a warrant if there is a strong belief a crime occurred and involves a vehicle. Except for misdemeanors, investigators can issue a citation instead of physically arresting.

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Citation Without Warrant: Misdemeanor

An officer can issue a citation without a warrant if they have a strong belief that a crime has been committed and that the person cited committed the crime.

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Citation Request

If the person to be cited isn't found, an officer can issue a 'Citation Request' to document the need for a citation later.

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UPB Officer's Responsibility

Uniform Patrol Bureau (UPB) officers are responsible for investigating all misdemeanor offenses, including gathering information and making contact with suspects.

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Documentation of Information: Misdemeanor

UPB officers must document all information gathered about a misdemeanor crime in their reports.

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Scope of Misdemeanor Investigation

UPB officers must fully investigate the misdemeanor crime within the reasonable limits of their assigned area.

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Investigating Misdemeanor Suspects

When contacting a suspect of a misdemeanor crime, officers must: obtain a statement about their involvement; acquire full identification; and gather information about the incident.

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Study Notes

Arrest Without Warrant Policy

  • Omaha Police Department (OPD) prioritizes efficient arrest methods
  • Citations preferred over arrests, where appropriate
  • Probable cause necessary for warrantless arrests
  • Officers must follow OPD policies regarding searches of private property.

Criteria for Lawful Arrest (Probable Cause)

  • Two criteria for valid arrests:
    • Belief a crime occurred
    • Proof the suspect committed the crime
  • Officers consider all facts and circumstances
    • Officer experience and knowledge
    • Information from informants (if reasonable)
    • Information from other officers and dispatchers
  • Probable cause can't be based on a hunch/mere belief; it needs specific details

Physical Arrest Made Without a Warrant

  • Officers make warrantless arrests if probable cause exists for
    • Felony crimes
    • Misdemeanors, and the suspect:
      • Will not be apprehended without arrest
      • Has no ties to the jurisdiction
  • Officers must follow OPD search policies for private property

Felony Arrests

  • Probable cause alone justifies a warrantless felony arrest
  • Specific OPD policies guide warrantless entry into private property

Misdemeanors

  • Arrest without a warrant depends on circumstances requiring immediate action
  • Actions like destroying evidence, threatening others, and committing crimes in officer's presence are grounds for immediate arrest
  • Other misdemeanors may be addressed through citations instead of immediate arrest if the officer is able to follow the rules for issuing citations.
  • Factors influencing the decision include immediate apprehension and the suspect’s ties to the jurisdiction

Identification Procedures

  • All arrestees will be fully identified (name, address, date of birth, race, sex)
  • Exception: if identifying information is impossible initially, a placeholder name will be used.

Issuing a Criminal Citation

  • Officers will follow Nebraska statutes to issue citations in place of arrests where possible
  • Factors determining the use of citation over physical arrest include the suspect's history of appearing in court
  • Theft-related cases (unlawful possession, etc.) and other severe cases are not appropriate for a citation.

Accreditation Standards

  • CALEA accreditation standards (1.2.5, 1.2.6, and 1.2.7) are relevant to this policy.

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Description

This quiz covers the Omaha Police Department's policy on warrantless arrests, focusing on criteria for lawful arrests and the necessity of probable cause. It highlights the importance of following departmental policies and the factors officers must consider before making an arrest.

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