1. The Arrest, Search and Seizure, and Booking:

     This page is continued from Criminal Proceedings:

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     Criminal prosecution typically begins with an arrest by a police officer. [1]

 

knock-and-announce rule – officers must knock and announce their identity, authority, and purpose before entering a residence to execute an arrest warrant or search warrant. — aka knock-and-notice rule.

  • no-knock search warrant – a type of search warrant that authorizes exception to the knock-and-announce rule because a prior announcement would probably lead to the destruction of the objects searched for,  or compromise someone(s) safety.

 

stop-and-frisk – brief detention, questioning, and “pat down” for a concealed weapon, with reasonable suspicion suspect committed or is about to commit a crime. — aka investigatory stop; investigatory detention; Terry stop; Terry search; field stop.

 

     After the arrest, the police books the suspect. When the police complete the booking process, they place the suspect in custody.  If the suspect committed a minor offense, the police may issue a citation to the suspect with instructions to appear in court at a later date. [1]

fellow-officer rule (1971) Criminal procedure. The principle that an investigative stop or an arrest is valid even if the law enforcement officer lacks personal knowledge to establish reasonable suspicion or probable cause as long as the officer is acting on the knowledge of another officer and the collective knowledge of the law-enforcement office. — aka Whiteley rule; collective-knowledge rule. [1]

custodial search – A police search of a person or property, which takes place after the person is in custody or the property has been seized. [3]

iii. Booking – standard procedure.

 

interrogation – the formal, systematic, intensive questioning by the police, usually of a person arrested for or suspected of committing a crime.

  • Miranda rule – a criminal suspect in police custody must be informed of certain constitutional rights before being interrogated. Miranda v Arizona, 384 U.S., 436, 86 S.Ct. 1602 (1966).

References:

Disclaimer: All material throughout this website is compiled in accordance with Fair Use.

[1]: Justia Criminal Law Stages of a Criminal Case: https://www.justia.com/criminal/docs/stages-of-a-criminal-case.html

[2]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6

[3]: Ballantine’s Law Dictionary with Pronunciations
Third Edition
 by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

[4]:  Ballantine’s Law Dictionary Legal Assistant Edition
by Jack Ballantine 
(James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.

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