1.04 ARRESTS Flashcards
ARRESTS & SUMMONS GENERALLY
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
WARRANTLESS PUBLIC ARRESTS
US v Watson (1976)
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
REASONABLENESS & EXCESSIVE FORCE WHEN ARRESTING
Generally
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
SHOOTING FLEEING SUSPECT
On Foot
Tenn. v. Garner (1985)
Cannot Shoot Fleeing Felon – Rejects Common Law … Adopts the Marshall Approach to History from Watson
HIGH SPEED AUTO CHASES
Generally
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 …’
HIGH SPEED AUTO CHASES
Shots Fired
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
POST ARREST HEARING
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
ARREST & ENTRY TO HOMES W/O SEARCH WARRANT
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
SUSPECTS HOME
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
WHAT IS A HOME?
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.
THIRD PARTY HOME
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 …
