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             • Release from control of the state can happened immediately if there is insufficient evidence to hold the suspect.
             • After proceedings have started, if at any time the prosecutor determines there is insufficient evidence to proceed.
             • After time is served or parole granted.
             • Arrest takes place when a person suspected of a crime is taken into custody.
             • An arrest is considered a "seizure" under the 4th amendment and the constitution requires that seizures be reasonable.
             Taken into Custody.
             A person may be taken into custody in one of two ways".
             1. By arrest warrant- a court order commanding that the person named by taken into custody.
             2. Without a warrant but with "probable cause".
             Obtaining a Warrant.
             • Obtained by filing a complaint before a judge of magistrate.
             • Generally a police officer but may be a victim or witness.
             • The requestor must describe and swear to the facts and circumstances of the alleged crime.
             • If, on the basis of the information provided, the judge finds probable cause to believe that a crime has been committed and the accused committed said crime, then a warrant will be issued.
             No time for a Warrant.
             • Police can make a warrant-less arrest based on probable cause.
             • Probable cause is defined as a reasonable belief that a person has committed a crime.
             • The amount of evidence used for probable cause may be less than that used for proving guilt.
             Probable Cause.
             • Since probable cause it based on reasonable belief, arresting without a warrant requires the police officer to use his/her own judgment as to what would be deemed reasonable under the circumstances and be upheld by a judge or District Attorney.
             • It requires much more than a hunch.
             • There must be some facts/evidence that shows the person committed the crime.

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