Term
| Give a brief definition of the term Arrest. |
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Definition
| To deprive a person of his liberty, by legal authority, for the purpose of holding or detaining him to answer a criminal charge |
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Term
| Name the 3 general elements involved in an arrest. |
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Definition
- The authority to arrest
- The assertion of that authority with the intent to effect an arrest
- The restraint of the person to be arrested
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Term
| What section of the S.C. Constitution discusses Standards for Arrests? |
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Definition
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Term
| According to S.C. Code 17-13-40, when in pursuit, police of any city or town may arrest within what three areas (limits)? |
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Definition
- At a place within the corporate limits
- At a place within the county in which the city or town resides
- At a place within a radius of 3 miles of the corporate limits
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Term
| According to S.C. Code 17-13-40, when in pursuit, police of any county may arrest within what two areas (limits)? |
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Definition
- At a place within the county
- At a place within an adjacent (bordering) county
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Term
| True/False: If an officer of one county is called upon by another county for assistance, that officer's authority (jurisdiction) to arrest expands to include that of the county he/she is aiding. |
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Definition
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Term
| True/False: According to S.C. Code 17-13-47, other states are not allowed to pursue in South Carolina even if the other states have "similar" law. |
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Definition
| False. According to S.C. Code 17-13-47, other states are allowed to pursue in South Carolina if the others states have "similar" law. |
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Term
| When an officer is outside of his/her jurisdiction, and is not responding to a distress call or assisting another agency, what type of arrest authority do they possess? |
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Definition
Citizen's Arrest Authority
(S.C. Code 17-13-10 and 17-13-20) |
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Term
| According to S.C. Code 17-13-50, what are the 4 main things an officer is not allowed to do when a suspect asks about his/her arrest? |
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Definition
- Refuse to answer a question relative to the reason for the arrest
- Answer the question untruly
- Assign to the person arrested an untrue reason for the arrest
- Neglect on request to exhibit to the person arrested or any other person acting in his behalf the precept by virtue of which the arrest is made
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Term
| What are the 2 main elements of probable cause to arrest? |
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Definition
- A crime has been or is being committed
- The person to be arrested "probably" committed it
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Term
| Is an officer allowed to arrest and establish probable cause after the fact? |
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Definition
| No. Probable cause must exist at the time the officer makes the arrest. It is not constitutionally permitted for the officer to make tharrest and then investigate further to establish probable cause. |
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Term
| When making an arrest, it is preferred to have what document? |
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Definition
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Term
| For a misdemeanor, not committed in the officer's view (presence), is it allowed to arrest without a warrant? |
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Definition
No. A warrant is required to make an arrest in all misdemeanor cases except where the crime was committed in the officer's view (presence).
(S.C. Code 17-13-30) |
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Term
| When exigent circumstances are not present, and consent is not given, what is required to enter a suspect's residence to make a routine felony arrest? |
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Definition
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Term
| When exigent circumstances are not present, and consent is not given, what is required to enter someone else's (not the suspect's) residence to make a routine felony arrest? |
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Definition
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Term
| Name 2 exceptions to the warrant requirement for felony arrests. |
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Definition
- Hot Pursuit
- Exigent Circumstances
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Term
| The general rule in South Carolina is that law enforcement officers may not arrest, without a warrant, a person who commits a misdemeanor outside their view. What is the exception? |
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Definition
| If the officer arrives at the scene very shortly after the commission of the crime, and easily observes evidence that strongly indicates the crime was "freshly committed", the officer may arrest without a warrant. |
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Term
| When an arrest is made without first obtaining an arrest warrant, what must the officer obtain before the case can be heard in court? |
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Definition
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Term
| The charge must be written on what document? If it can not be written on this document, then the officer must appear before a judge and seek and arrest warrant. |
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Definition
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Term
| Name some arrests that are appropriately charged on a Uniform Traffic Ticket. |
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Definition
- Arrests for Traffic Offenses
- Misdemeanors committed in the officer's presence that are within the juridiction of the Magistrate or Muncipal Court Judge
- Arrests for Public Disorderly Conduct, Littering, Trespassing, and other offenses listed in Section 56-7-10
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Term
| Briefly explain the amount of force an officer can use in making an arrest. |
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Definition
| Officers are permitted to use that amount of force reasonable and necessary to impose custody and overcome all resistance; ensure the safety of the arresting officer, the arrestee, and others in the vicinity of the arrest. (This includes forcible entry of a residence) |
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Term
| According to its definition, what means to deprive a person of his liberty, by legal authority, for the purpose of holding or detaining him to answer a criminal charge? |
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Definition
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Term
| An Arrest involves three (3) general things? |
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Definition
| Authority to Arrest, Assertion of that authority with intent to effect an arrest, and restraint of the person to be arrested |
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Term
| According to S.C. Code of Laws 17-13-40, Police of any city or town may arrest when in pursuit within how many miles of corporate limits? |
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Definition
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Term
| According to S.C. Code of Laws 17-13-45, concerning power of arrest, an officer's authority extends into the adjacent jurisdiction when ____________. |
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Definition
| The officer is responding to a distress call or request for assistance |
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Term
| What are the two (2) elments for probable cause to arrest? |
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Definition
| A crime has been/being committed and the person to be arrested "probably" committed it |
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Term
| What is required to for a non-consensual entry at a suspect's residence to make a routine felony arrest? |
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Definition
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Term
| If a suspect being arrested is at someone else's residence, what is required to make a non-consensual routine felony arrest? |
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Definition
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Term
| If a misdemeanor crime is committed in the officer's view (presence), what is required to make an arrest? |
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Definition
| Nothing, the officer has everything he needs to make the arrest |
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Term
| All misdemeanor crimes, not committed in the officer's view (presence), require what to arrest? |
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Definition
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Term
| True/False: A warrantless arrest may be made in a public place without an arrest warrant even though there was sufficient time to obtain a warrant after probable cause was developed. |
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Definition
| True, but only with felonies |
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Term
| What are two other exceptions to the warrant requirement are: |
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Definition
| Hot Pursuit and Exigent Circumstances |
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Term
| For a case to be heard in court, when no warrant exists, what document must exist? |
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Definition
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Term
| How much force is an officer allowed to use to arrest a person? |
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Definition
| Any amount of force necessary to impose custody and over come all resistance and ensure the safety of the officer and others in the vicinity |
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Term
| An illegal arrest is a violation of what amendment? |
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Definition
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Term
| If a defendant was illegally arrested, what must he/she show for the conviction to be overturned? |
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Definition
| The constitutional violation deprived them of a right to a fair trial |
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