1.04 ARRESTS Flashcards

1
Q

ARRESTS & SUMMONS GENERALLY

A

OFFICER DISCREATION = Custodial Arrests Always OK for Any Crime (Even IF Punishable Only by Fine) - Atwater (2001)

ARREST = SEARCH & CUSTODIAL INTEROGATE … Cuffs, Car/Station, Prints & Photo, Common Cell

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

WARRANTLESS PUBLIC ARRESTS

US v Watson (1976)

A

RULE = Under Constitution Do Not Need a Warrant to Make an Arrest (Gets Complicated)
- C.L. Rule = Officer May Arrest for Crime in Presence or Felonies (in 1791 all 6 felonies were capital), 18 U.S.C. 3061 = Const.

FACTS: Khoury Tells Postal Insp. W Has Card, K Has provided 5-10 Tips Previously … Meets, Gives Signal, No Cards, Arrest
- Ask W for Permission to Search Car, Find 2 Cards in Other Names Under Floor Mat … Allowed B/C Arrest for Felony Legal

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

REASONABLENESS & EXCESSIVE FORCE WHEN ARRESTING

Generally

A

MEASURED BY FOURTH AMENDMENT

GENERAL FOURTH AMEND. FACTORS
Graham v. Connor (1989)
- Severity of Crime at Issue
- Whether Suspect is Immediate Threat to Themselves or Others
- Whether Suspect Actively Resists or Evades Arrest

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

SHOOTING FLEEING SUSPECT

On Foot

A

Tenn. v. Garner (1985)

Cannot Shoot Fleeing Felon – Rejects Common Law … Adopts the Marshall Approach to History from Watson

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

HIGH SPEED AUTO CHASES

Generally

A

TO STOP THREAT TO PUBLIC [ PSS: Officers are Allowed to Chase and Kill to Stop ]

Come About as Civil Wrongful Death Suits, Qualified Immunity Applies

REASONABLE STANDARD, Scott v. Harris (2007)

FACT: Harris 73 in 55, Deputy Flashes Lights, Flees > 85 … Collides w/ Deputy’s Car, Harris’ Goes Over Bank, Quadriplegic

HELD: Garner D/N Establish ‘a magical on/off switch triggering rigid preconditions whenever ‘deadly force’ is used …’

HELD: Threat posed by flight on foot of unarmed suspect not remotely comparable to extreme danger posed by Harris

POLICY: ‘loath to lay down a rule requiring police to allow fleeing suspects to get away whenever they drive so recklessly …’

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

HIGH SPEED AUTO CHASES

Shots Fired

A

SHOOTING DRIVER, Plumhoff v Rickart (2014)

FACT: Pull Over, Drunk Driving, Told Get Out, Sped Off, Road Block Fails, Shots Fired, Sped Off, Shots Kill Drive & Pass

HELD = Scott v. Harris … Stop Public Safety Risk … OFFICERS MAY SHOOT UNTIL THREAT ENDS … 15 Shots Fine B/C First D/N Incapacitate Driver, Innocent Passenger Irrelevant to the Threat

SHOOTING CAR, Mullenix v. Luna (2015)

FACT: Arrest Warrant, Fled 85-100 mph/16 Min, Twice Called Claim Shoot Police if N/Stop Chase, 6 Shot Before Spike Strip

HELD: Spike Strips Own Danger, Shooter Feared Might Shoot of Run Officers = Allowed > Dissent, No Clear Gov. Interest

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

POST ARREST HEARING

A

BASICALLY WARRANT / REASONABLENESS HEARING AFTER THE FACT = SAME PROTECTION OFFERED BY WARRANT (PROBABLE CAUSE ) Not Required to Provide Full Blown Adversarial Procedure, No Right to Counsel, No Right to Confrontation

PROMPT HEARING / DETENTION PERIOD
“Hearings Must Be Prompt BUT NOT Immediate
HELD: 48 Hours Presumptively Reasonable
- May Be Too Long in Particular Cases
- Government Must Justify Longer Delay

REMEDY, McLaughlin Did Not Decide Remedy When D Made Inculpatory Statement After 48 Hours Expired, Remand for Remedy Decide

CONFESSIONS, State v. Tucker (NJ)
- If Probable Cause, Confession Valid

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

ARREST & ENTRY TO HOMES W/O SEARCH WARRANT

A

Place of the Home IS Different from Other Places

REMEDY = An Invalid Entry Results in Suppression of Evidence AFTER Constitutional Violation

EXIGENT CIRCUMSTANCE = Probable Cause or Reasonable Allows Search Prevents Suppression

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

SUSPECTS HOME

A

WARRANT REQUIRED

WARRENTLESS ARREST IN SUSPECTS HOME w/o EXIGENCY, Payton v. NY (1980)

  • HELD = ILLEGAL SEARCH
  • NOT an Illegal Arrest … Enter and Arrested Without Warrant, Confession at Station = ADMISSABLE NY v. Harris (1990)

ARREST WARRANT IN SUSPECTS HOME IF REASON TO BELIEVE SUSPECT IS HOME
- Arrest Warrant IS Sufficient for Entry to Arrest a Suspect Reasonably Believed to Be in Their Home NOT Probable Cause … Left to Officer to Decide

SEARCH WARRANTS = No Need for an Additional Arrest Warrant NO Privacy Violation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

WHAT IS A HOME?

A

Domiciles (Obviously)

Generally Shared Premises are Treated as Home of all Sharers Payton Applies

Properly Rented Hotels & Motels ARE Homes

LOWER COURTS … Common Hallway NOT a Home … Confusion if Suspect Opens Door & Officer Announces Arrest

NOT HOMES = House Boats, Motor Homes, Cars, etc.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

THIRD PARTY HOME

A

LOOKING AT REASONABLE EXPECTATIONS OF PRIVACY

(A) ARRESTS IN THRID PARTY HOME, Steagald v US (1981)

  • HELD: Search Warrant ( Probably Cause, By Magistrate ) Required to Search for Suspect in 3dP Home Absent Exigent Cir.
  • POLICY: Protects Privacy Interest of Homeowner / Third Party
  • IMPACT: Necessary for Officers to Determine IF Premises is Suspect’s Home … Must Determine if Payton or Steagold Applies
  • STANDING ISSUES ARE IMPORTANT: Privacy Right Belongs to Home Owner NOT Guest Under Arrest Warrant

(B) OVERNIGHT GUESTS IN THIRD PARTY HOME, Minn v Olson (1990)
- HELD = ARREST Warrant Required, Guest Has Reasonable Expectation of Privacy

(C) GUESTS … Minn. V. Carter (1998) … Confused …

How well did you know this?
1
Not at all
2
3
4
5
Perfectly