Power To Arrest Training Manual - Nov 2005 Edition

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POWER TO ARREST TRAINING MANUAL

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(Revised 11/05)

44

PART I (contd.)

On the other hand, consider this case: You hear a plate glass window break and rush to

the front of the building only to see a group of teenagers laughing and milling around.

Two of them point to one of the others and say, “He did it.” In this instance, you would

not have grounds for an arrest. It appears an offense has been committed, but you did not

actually see the person doing it.

REMEMBER:

To arrest someone for the commission of a misdemeanor, the offense must be

1) committed, or 2) attempted in your presence!

EXAMPLE OF A FELONY OFFENSE

You are patrolling an apartment complex and you see an apartment door open. You look

inside and see that the place has been burglarized. As you leave the apartment, you see

two men carrying large bundles of assorted valuables to a waiting van. They see you and

speed up. You call for them to halt, but they load up the van and are in the process of

getting into the front seat. You are justified in questioning these men.

On the other hand, consider this: You are told by an apartment dweller that he was just

burglarized and you see two men walking towards a van with the motor running. The

men look around suspiciously but are carrying nothing. You should get descriptions and

observe and report.

REMEMBER:

To arrest someone for committing a felony, 1) the felony must have been committed and

2) you must have reasonable cause for believing that the person you are arresting actually

committed the felony.

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