Valid Warrants and Jurisdictional Factors Quiz

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Questions and Answers

According to the text, what is necessary for a valid warrant?

Geographical jurisdiction

Neither subject matter nor geographical jurisdiction

Both subject matter and geographical jurisdiction (correct)

Subject matter jurisdiction

According to the text, when can the question of jurisdiction be raised?

Only after the warrant is executed

Never

Only before the warrant is issued

At any time (correct)

According to the text, what makes a warrant void on its face?

Not being signed by a magistrate or justice of the peace

Not being based on a sworn affidavit

Being rubber stamped with the judge's name

All of the above (correct)

According to the text, what must a warrant state on its face?

Facts sufficient to constitute a crime Signup and view all the answers

According to the text, when does a regular officer need to show his warrant before making an arrest?

When resistance is offered or threatened before the person asked to see the warrant Signup and view all the answers

According to the text, what does the argument that a known officer need not display his warrant at all imply?

That the officer can make an arrest without any justification Signup and view all the answers

What does the generally recognized rule require regarding the display of a warrant before making an arrest?

The officer must exhibit the warrant unless there is resistance Signup and view all the answers

According to the text, when making an arrest, is a constable justified in not showing the warrant?

No, the constable is not justified in not showing the warrant Signup and view all the answers

According to the text, what is the reason for the duty of an officer to produce and exhibit the warrant to the person being arrested?

To state the nature and substance of the process which gives him the authority Signup and view all the answers

According to the text, what happens if a warrant is invalid on its face?

The officer is liable for damages Signup and view all the answers

According to the text, is a warrant that shows lack of jurisdiction of the court considered valid?

No, it is not considered valid Signup and view all the answers

According to the text, which of the following is a basic requisite needed to make a warrant valid?

The warrant must state facts that show the matter to be within the jurisdiction of the judicial officer issuing it Signup and view all the answers

According to the text, what must an affidavit supporting a warrant include?

The affidavit must be made under oath by the person making the charge Signup and view all the answers

According to the text, what must a warrant command?

The warrant must command that the defendant be brought before the nearest available magistrate Signup and view all the answers

According to the text, what is the consequence for an officer who executes a warrant that is defective?

The officer will be liable as a trespasser Signup and view all the answers

Study Notes

Requirements for Valid Warrants and Arrest Procedures

The failure to show a warrant may be allowed in certain cases, depending on whether the officer is known or unknown to the person being arrested.
It is argued that known officers do not need to display their warrant, but must state the authority under which they are acting.
In cases where resistance is offered or threatened before seeing the warrant, it may not be necessary to show the warrant.
The argument that known officers do not need to display their warrant is not justified and could undermine the safeguards of liberty that the warrant requirement provides.
Generally, officers are required to exhibit the warrant before making an arrest, unless there is resistance.
In an English case, it was held that an officer without a warrant is not justified in making an arrest.
It is important for officers to produce the warrant if requested, and failure to do so can render the arrest illegal.
Warrants must meet certain requisites to be valid and provide protection to the arresting officer.
If a warrant is invalid on its face or only a summons, the officer making the arrest can be liable for damages.
A warrant that shows lack of jurisdiction or fails to meet certain requirements is not a valid defense for the officer.
Both subject matter jurisdiction and geographical jurisdiction are necessary for a valid warrant.
A warrant must be issued after a formal charge is made under oath, and no arrest is lawful unless based on a sworn affidavit.

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Description

Test your knowledge on the requirements for a valid warrant and the jurisdictional factors involved in justifying an imprisonment. This quiz will cover the legal aspects and necessary conditions for a warrant to be considered valid.