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Who can do warrantless arrest?
police and law enforcement
When is an arrest warrant served?
(Answer is applicable to the USA only): A warrantless arrest is never served. A warrantless arrest is performed. Following the warrantless arrest, the arresting individual (typically) or authority is required (usually) to provide the courts with a warrantless arrest affidavit wherein the person making the arrest articulates the probable cause for the arrest, which then is submitted to a judge for review. The arrested person will already be in jail or otherwise in custody (and possibly even bonded out), before the signed warrantless arrest affidavit becomes available to the arrested person.
When According to John Yoo's letter a warrantless search or seizure is reasonable if?
According to John Yoo, a warrantless search or seizure is reasonable if it is based on the President's inherent constitutional authority during times of war or national emergency. Yoo argued that the Fourth Amendment does not apply in these circumstances, allowing for warrantless actions in order to protect national security.
How performed warrantless arrest?
in your presence the person is actually committing, about to commit a felony
A warrantless search of an arrested individual conducted to ensure the safety of the arresting officer is called?
Incident to an arrest
According to John Yoo's letter a warrantless search or seizure is reasonable if?
The government's interests outweigh all other concerns APEX
A warrantless search not incident to an arrest may be justified under the Supreme Court's exigent-circumstances doctrine?
true
According to John Yoo's letter when the government interests are greater than the need to keep certain information private the Court allows the government to?
Conduct a warrantless search and seizure.
What is the document that gives the rights to arrest or search and seizure?
warrant
What is the fundamental difference between warrantless arrest for a felony verses misdemeanor?
In the manner of the way the actual arrest goes down, very little. The one major difference between arresting for a felony versus arresting for a misdemeanor, is that for a warrantless arrest of a misdemeanant the officer must have atually witnessed the misdmeanor offense take place in order to make the arrest. The only exception to this would be (in jurisdictions that have such offenses) there are certain so-called "Probable Cause Misdemeanors" for which an arrest can be made even if the officer didn't observe them take place.
What does the court allow the government to do according to john yoos letter when the government interests are greater than the need to keep certain information private?
The court allows the government to conduct a warrant-less search and seizure.
What are the three essential components of an arrest warrant?
In order to make a warrantless arrest, a police officer must be given permission to enter or be in an emergency situation. In both instances, the officer must have sufficient probable cause to make the arrest.
