Arrest Without Warrant
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Questions and Answers

What is required for an officer to physically book a suspect?

  • A warrant issued by a judge
  • Completion of an Incident Report
  • Notification to the victim prior to booking
  • Probable cause and a commanding officer's approval (correct)
  • 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
  • Which Nebraska Revised Statute corresponds to the standards mentioned in the policy?

    <p>§29-402</p> Signup and view all the answers

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

    <p>To ensure effective law enforcement practices</p> Signup and view all the answers

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

    <p>Probable cause to believe a crime has occurred</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</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</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</p> Signup and view all the answers

    What is the role of CIB investigators concerning misdemeanor offenses?

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

    What can warrantless, non-consensual entry into a residence be justified by?

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

    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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