The someone’s life or damage to property. In this

The textbook states that the term arrest can have three
meanings: “any interference with a person which, if not privileged, would
constitute false imprisonment,” “interfering with the freedom of a person who
is suspected of criminal conduct to the extent of taking him/her to the police
station for some purpose” and “the taking of custody upon sufficient and proper
evidence for the purpose of prosecution.” However, it depends on the situation
or circumstance to determine which definition supports each case.

            In addition, in order to arrest a
person, three important ‘ingredients’ are required: intention, authority,
custody. An officer must have the intention of taking a suspect into
their custody having assumed legal authority to make a legal arrest. And
lastly, the person arrested must come within the custody and control of
the law. Custody can either be my means of physical restraint or voluntary
submission by the person being arrested.

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            An arrest warrant, according to the
textbook, is defined as a judicial order which instructs the person to whom it
issued or some other person to arrest a particular individual and to bring that
person promptly before a court to answer a criminal charge. It is an official
document issued by a judge or magistrate on behalf of the state. To obtain a warrant, a
written affidavit must be submitted. The affidavit must have factual
information that establishes probable cause that a crime has been committed along
with the name of the person who committed it. For an arrest warrant to be valid it must include the following:

1.     
The authority under which the warrant is issued

2.     
The person who its to execute the warrant

3.     
The identity of the person to be arrested

4.     
The designation of the offense

5.     
The date, time, and place of the occurrence

6.     
The name of the victim

7.     
A description of the offense and how it occurred

 

 

Exigent circumstances can be referred to as a situation requiring
instantaneous action to avert forthcoming danger. This danger can be to
someone’s life or damage to property. In this situation, an officer may try to
forestall the escape of a potential suspect or destruction of evidence.

Therefore, a warrantless entry by officers may be legal. Five examples that can
justify these circumstances are:

8.     
Danger of flight or escape

9.     
Destruction or loss of evidence

10.   Hazard such as harm to
a police officer or public

11.   Mobility of a vehicle

12.   In hot pursuit