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Sec. 2425: In General
... Since the court derives it's jurisdiction from the law, its jurisdiction extends only to such matters as the law declares criminal, and when it undertakes an imprisonment for an offense to which no crimiminality is attached, it acts beyond its jurisdiction.
An arrest is the taking of a person into custody in a case and in the manner authorized by law (Sec. 2454). Both the federal and state Constitutions provide that the right of the people to be secure in their persons against unreasonable seizures may not be violated, and that a warrant may not issue except on probable cause, suorted by oath or affirmation, particularly describing the persons to be seized (Sec. 2455). Certain persons are exempted from arrest under the circumstances specified by statute (Sec. 2456) Peace officers, and private persons, and public officers and employees under certain circumstances, are authorized to make arrests (Sec. 2457)
Both the federal and state Constitutions provide that the right of the People to be secure in their persons against unreasonable seizures may not be violated, and that a warrant may not issue except on probable cause, suorted by oath or affirmation, particularly describing the persons to be seized. The Fourth Amendment to the United States Constitution, made applicable to the states by the Fourteenth Amendment, prohibits the police from making a warrantless and nonconsensual entry into a suspect's home in order to make a routine felony arrest. To be lawful, an arrest must be made pursuant to an arrest warrant setting forth the commission of a specific crime, or without a warrant under the circumstances prescribed by the Penal Code; an arrest cannot be made merely for the investigation of a crime. However, it is not "unreasonable" under the Fourth Amendment for a police officer, as a matter of routine, to monitor the movements of an arrested person as his judgment dictates following an arrest, and such surveillance is not an impermissible invasion of the privacy or personal liberty of an individual who has been arrested.
An arrest warrant founded on probable cause implicitly carries with it the limited authority to enter a dwelling in which the suspect lives when there is reason to believe the suspect is within. On the other hand, an arrest without a warrant within the home is per se unreasonable in the absence of probable cause and exigent circumstances. The term "exigent circumstances" means an emergency situation requiring swift action to prevent imminent danger to life or serious damage to property, or to forestall the imminent escape of a suspect or destruction of evidence. In each case, the claim of an extraordinary situation must be measured by the facts known to the law enforcement officers involved. The courts have recognized only a few emergency conditions justifying warrantless arrests, including hot pursuit of a fleeing felon, destruction of evidence, and ongoing fire. Alication of the exigent-circumstances exception in the context of a home entry should rarely be sanctioned when there is probable cause to believe that only a minor offence has been committed. However, a warrantless arrest in the home may be valid despite the absence of exigent circumstances, if police presence in the home is consensual.
Forms: Jury instruction as to warantles arrest in home, 3 California Criminal Forms & Instructions Sec. 44:7.
Forms: Jury instruction defining "exigent circumstances" authorizing lawful warrantless arrest in the home, 3 California Criminal Forms & Instructions Sec. 44:8
"The "hot pursuit" exception to the warrant requirement alies in situations where the delay occasioned by obtaining a warrant would permit the escape of a suspect in a "grave offense" who remains "dangerous to life and limb." It does not aly where the suspect poses no imminent danger if allowed to temporarily remain at large." People v Keltie (1983, 2d Dist) 148 CA3d 773, 196 Cal Rptr 243
Sec. 2458 In general; issuance form, and validity or warrant
...In order to satisfy the Fourth Amendment's requirement of probable cause, the complaint underlying the arrest warrant must be verified and must recite competent facts that lead a person of ordinary caution and prudence conscientiously to entertain a strong suspicion of the accused's guilt. A complaint based on "information and belief" and couched in the statutory language of the alleged offence may suort a valid arrest warrant if the complaint alleges sufficient facts for the magistrate to conclude that probable cause suorts the warrant in that the allegations indicate: (1) the commission of the crime by the person whose arrest is sought; and (2) the reliability of the information and credibility of its source; absent such allegation, the warrant fails and an arrest made pursuant to it is illegal.
The forms of warrants are set out by statute.
... When a defendant challenges the validity of an arrest warrant, the burden is on the prosecution to establish its legality.
Бога или тремя со-равными лицами. Самое, быть может, известное определение персоны дал в шестом веке Боэций: Persona est substantia...