AJ 4 Lecture Notes - Lecture 6: Arrest Warrant, Search Warrant, Misdemeanor
Document Summary
An arrest is the most common seizure. Private citizens also have the right to make an arrest. Arrest: occurs when a police officer takes a person into custody or deprives a person of freedom for having allegedly committed a criminal offense. Search warrant: an order, issued by a judge, directing officers to conduct a search of specified premises for specified objects. Arrest warrant: an order, issued by a judge, directing officers to arrest a particular individual. In-presence requirement: a police officer cannot arrest someone for a misdemeanor unless the officer sees the crime occur. To make an arrest for a crime the officer did not witness an arrest warrant must be obtained. To establish probable cause an officer must provide the judge with factual information in the form of written affidavits, which report either their own observations or those of private citizens or police undercover informants. Officer must show how they obtained the information and provide evidence of its reliability.