Arizona Laws and State Statutes Analysis Assessment

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[. . .] To this effect, only the weapons to be taken away are those which are in view by the officer. This means that the officer is not to search the arrested person beyond the scope of a cursory search. If the arrested person has a bag, totes, or other belonging, they are not to be searched without the consent of the person or for a probable reason. In case the arrested person is released, then all the property seized from the individual is to be returned.

On the other hand, if an arrest is effected by a citizen, the law requires that they the person being arrested is made to understand that they are under arrest and why? The law doesn’t require a recitation of Miranda right in the case of a citizen arrest. Once the person is arrested, any weapons that are visible to the person making the arrest are to be seized, however, there is not to be any further search into the bags, totes, of the belongings of the arrested person unless the arrested has given consent or by the order of a law enforcement officer. Any weapons taken from the arrested are to be returned to the person or handed over to a law enforcement officer in case of a release.

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In both police and citizen arrest, the state law requires that the weapons seized from the arrested person are to be presented to a magistrate to whom he is presented. The law requires that once a suspect is arrested, either by a police or by a citizen, then they are to be presented to a magistrate. If the weapons were used to commit a crime, then they are to be used as part of the evidence. However, if the person is released, then all the weapons, even if they are used in the crime suspected to have been committed, they are to be returned to the persons, so long as they are lawfully under his/her custody.

A.R.S. 13-3896, Arrest After Escape or Rescue; Method of Recapture: A. If a person lawfully arrested escapes or is rescued, the person from whose custody he escaped or was rescued may immediately pursue and retake him without a warrant at any time and in any place within the state.

Assessment on Arizona Laws and State Statutes Analysis Assignment

Arrest after escape or rescue is essentially the re-arresting of an individual who has been arrested by for one reason or another, escaped from the detention/custody of the arresting party – either a police officer or a citizen. Under the Arizona State Law, the word custody means the imposition of constructive or actual restraint to an individual as a result of an on-site arrest or pursuant to a court order, but it doesn’t include detention in a correctional facility, state hospital, or juvenile detention center. Additionally, escape means the departure of an individual from custody, from an adult correctional facility, from a juvenile secure care facility, or from a juvenile detention facility in which the individual is being held or detained and he/she has the full knowledge that such a departure is not allowed, or amounts to failure to return willingly within a reasonable and allowed time after a temporary leave granted for a particular reason for a limited period of time. Under Arizona Law, escape in the second degree is a class 5 felony that attracts a sentence that runs consecutively to any previous sentence. In the event of an escape, the re-arresting event under this section accords the person making the arrest, provided he is the person from whose custody he/she escaped the right to make the re-arrest without a warrant and anywhere at any time within the state of Arizona. In this effect, this right is by definition limited to officers of law reinforcement, for they have the dedication and the commitment to pursue a person who has escaped from detention over time and across regions. Nevertheless, citizens have the right to also make the arrest in case they are able to identify the escaped person, especially in the case of a publicized escape from a detention center.

In making the arrest, an officer of law enforcement is not under obligation to obtain a warrant of arrest. In a practical setting, persons who escape from detention will be pursued immediately by officers and if re-arrested, put under custody right away without the technicalities required for an arrest upon being suspected for committing a crime other than escape from custody. In case the officer of law enforcement are unable to catch up with the escaped person immediately, the search is expanded to the state level and in this case, the re-arrest can be done by any member of the law enforcement so long as they are able to positively identify the escaped person. All that’s required to make such an arrest is to use reasonable and non-excessive force in making the arrest.

B. To retake the person escaping or rescued the person from whose custody he escaped who is lawfully pursuing may use the same means as are authorized for an arrest.

Under the Arizona State Law, an escape is the departure of an individual from custody, from an adult correctional facility, from a juvenile secure care facility, or from a juvenile detention facility in which the individual is being held or detained and is classified as an escape in the second degree and a class 5 felony. This effect, by virtue of making the attempt to escape, such a person is committing a crime and therefore, the effort to re-arrest is also an effort to arrest for the crime of escape from custody. To this effect, the arresting party has the right to use the same procedure for making an arrest once a crime is reported to have been committed. However, even though the procedure might be the same, the fact that it is an escape from custody overrides the need for an arrest warrant. The other methods and procedure are similar to those of an arrest where the person making the arrest has to get hold of the arrestee, control or indicate the intention to place under custody and require the person being arrested to consent and comply.

In cases where the re-arrest is being done by an officer of law enforcement, then they are required by the American Constitution under the fourth amendment to follow specific methods in making an arrest. The first is to make known to the person being arrested that they are being placed under arrest and why, in this case, for escape or an attempt to escape from legal custody. In addition, the officer has to recite to the person being arrested Miranda rights. Lastly, an officer has to observe the requirement to use and apply reasonable and necessary force in effecting a re-arrest. In the event that the person being re-arrested is striking the officer or resisting arrest, then the officer(s) have the obligation to strike or use the required force to pin down the person being re-arrested in an effort to restrain them, preferably by placing them under handcuffs.

If the re-arrest is being done by citizen(s), the only exception is that the person making the arrest is not obligated to read the arrestee his/her Miranda rights. They can let the arrestee know he is being placed under arrest and the reason why and use the necessary force, so long as the citizen is not under threat. For example, it would be advised for citizen(s) to let the re-arresting of an armed person be done by the police. After citizen(s) make the arrest, they should present the arrested to the nearest police officer or magistrate in the county. Whether the re-arrest is done by an officer of law enforcement or by citizens, the arrested is to be presented to the magistrate and the complaint about their escape attempt made, or for the case of persons under life-imprisonment, returned to custody.

A.R.S. 13-3900, Duty of Private Person After Making Arrest (Call the Police): A private person who has made an arrest shall without unnecessary delay take the person arrested before the nearest or most accessible magistrate in the county in which the arrest was made, or deliver him to a peace officer, who shall without unnecessary delay take him before such magistrate. The private person or officer so taking the person arrested before the magistrate shall make before the magistrate a complaint, which shall set forth the facts showing the offense for which the person was arrested. If, however, the officer cannot make the complaint, the private person who delivered the person arrested to the officer shall accompany the officer before the magistrate and shall make to the magistrate the complaint against the person arrested.

Under section 13-3884 of the Arizona Revised Statutes, a citizen can arrest a person guilty of a wrongdoing. The law lays down the requirements for a citizen(s)… [END OF PREVIEW] . . . READ MORE

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