46 Questions
According to the text, when can an arrest be made without a warrant?
When a felony has been committed
What is the basis for the rule that allows for arrest without a warrant in cases less than felony?
To preserve the public peace
According to the text, when is a warrant necessary for an arrest?
When the public peace is not menaced
What is the controlling factor in the matter of an arrest made by the Defendant?
The due process of law
According to the text, what is the purpose of the due process article?
To restrain all branches of government
According to the text, what does the Constitution of Minnesota guarantee?
The right to due process of law
According to the text, how can 'due process of law' be determined?
By examining common and statute law of England
According to the text, what is the distinction between arrests for felonies and arrests for misdemeanors at common law?
Arrests for felonies can be made without a warrant, while arrests for misdemeanors require a warrant
According to the text, the Defendant claims that his arrest of the Plaintiff without warrant for the violation of two 'traffic laws' was lawful. What does the Plaintiff argue in response to this claim?
The Plaintiff argues that the Defendant did not have any lawful authority to arrest him.
According to the text, what is the Defendant's justification for making an arrest without a warrant?
The Defendant claims that he has the authority to make arrests for any violation of laws of the state, regardless of whether they are misdemeanors or felonies.
According to the text, what does the Plaintiff argue about the arrest made by the Defendant?
The Plaintiff argues that the arrest violated due process of law.
According to the text, when can an arrest without warrant be lawful?
Only in cases of felony
According to the text, what did the State Supreme Court say about the arrest of a shoplifter without a warrant?
The employees should have obtained a warrant before arresting the shoplifter
According to the text, when are arrests without warrants allowed at common law?
Only when the ends of justice would be defeated without it
According to the text, what is the general rule of the common law regarding arrests without warrant?
Arrests without warrant are generally deemed unlawful
According to the text, which of the following is true about the interpretation of constitutional provisions of rights?
They are to be interpreted according to the common and statute law of England prior to the emigration of our ancestors
According to the text, what is the purpose of the 'due process of law' provision of the constitution?
To protect citizens from the arbitrary infringement of their right to personal liberty
According to the text, when can an arrest be lawfully made without a warrant?
In cases where there is a breach of the peace in the presence of the person arresting
According to the text, what is the general rule of law regarding arrests without a warrant?
There can be no arrest without a warrant issued by a court or magistrate
According to the text, when can an arrest be made without a warrant?
In cases of felony and breaches of the peace
Which court case affirmed that a police officer cannot arrest a person without a warrant based on mere suspicion?
Pinkerton v. Verberg
According to the text, what did the Supreme Court of Alabama assert regarding the power of the Legislature in relation to arrests?
The power of the Legislature is limited by the due process provision
According to the text, what did the corrupt government gradually undermine?
The concept that no one could be arrested without due process of law
According to the text, what is the purpose of the 'due process of law' provision of the constitution?
To protect the fundamental rights of citizens
According to the text, when can an arrest without warrant be lawful?
When it involves a breach of the peace
According to the text, what is the general rule of the common law regarding arrests without warrant?
An arrest without warrant can only be made for a misdemeanor offense
According to the text, what did the State Supreme Court say about the arrest of a shoplifter without a warrant?
An arrest of a shoplifter without a warrant is lawful if it involves a breach of the peace
According to the text, what does the Defendant claim about his arrest of the Plaintiff without warrant for the violation of two 'traffic laws'?
The arrest was lawful because he saw the Plaintiff commit a misdemeanor.
According to the text, what conclusion can be drawn about the Defendant's authority to make arrests without warrant?
The Defendant did not have any lawful authority to make arrests without a warrant.
According to the text, what is the basis for the Defendant's claim that his arrest of the Plaintiff without warrant was lawful?
The Defendant's claim is based on the legislative power to exact any process.
According to the text, when can an arrest without warrant be lawful?
Only in cases of felony and breaches of the peace
According to the text, what is the general rule of the common law regarding arrests without a warrant?
No one can be arrested without a warrant except in cases of felony
According to the text, what is the purpose of the due process article?
To protect private individuals in the right of enjoyment of personal freedom without unlawful restraint
According to the text, what did the corrupt government gradually undermine?
The concept of due process of law
According to the text, when can a peace officer arrest without a warrant for a misdemeanor committed in his presence?
When it involves a breach of the peace
According to the text, what is the basis for the rule that allows for arrest without a warrant in cases less than felony?
The immediate preservation of the public peace
According to the text, what is the controlling factor in the matter of an arrest made by the Defendant?
Due process of law
According to the text, when can an arrest without a warrant be deemed unlawful at common law?
In cases where the public security does not demand it
According to the text, when can an arrest without warrant be lawful?
When the public security requires it
According to the text, what did the State Supreme Court say about the arrest of a shoplifter without a warrant?
The employees had no right to arrest the shoplifter without a warrant
According to the text, when can an arrest be made without a warrant?
When the ends of justice would be defeated without it
According to the text, what is the general rule of the common law regarding arrests without warrant?
An arrest should not be made without warrant, subject to well-defined exceptions
According to the text, what is the general rule of the common law regarding arrests without warrant?
Arrests without a warrant are generally not allowed for any type of crime.
According to the text, when can an arrest be made without a warrant?
An arrest can be made without a warrant for misdemeanors but not for felonies.
According to the text, what is the purpose of the 'due process of law' provision of the constitution?
To protect citizens from the arbitrary infringement of their right to personal liberty.
According to the text, what did the State Supreme Court say about the arrest of a shoplifter without a warrant?
The State Supreme Court held that an arrest of a shoplifter without a warrant is lawful only if there is a breach of the peace.
Study Notes
Unlawful arrest without warrant in Minnesota district court case
- Plaintiff claims arrest without warrant was unlawful
- Defendant argues he had authority to arrest for violation of traffic laws
- Plaintiff argues that arrest without warrant is not lawful under common law or due process
- Due process is a restraint on legislative, executive, and judicial powers
- Minnesota Constitution guarantees due process of law
- Due process is determined by established common law principles and modes of procedure
- Arrest without warrant can only be made for felony or breach of peace
- Misdemeanor traffic violation does not constitute breach of peace
- Defendant needed a warrant to make an arrest for misdemeanor
- Alabama Supreme Court states that arrest without warrant is not lawful except for felony or breach of peace
- Basic concept that no one could be arrested for misdemeanor without warrant was once widely accepted
- Corrupt government has gradually undermined this basic principle of constitutional law
Test your knowledge on a Minnesota district court case where a plaintiff claims an arrest without a warrant was unlawful, while the defendant argues for the authority to arrest for a traffic violation. Explore the arguments regarding due process, common law principles, and the necessity of a warrant for misdemeanor arrests.
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