6. The Law of Arrest

Question 1

When does an arrest occur?

Answer 1

An arrest occurs whenever the police take someone into custody against her will for prosecution or interrogation.

Question 2

What is a de facto arrest?

Answer 2

It is considered a de facto arrest when the police compel someone to come to the police station for questioning or fingerprinting.

Question 3

What standard of proof applies to arrests?

Answer 3

Probable Cause

Question 4

For what offenses does the Fourth Amendment permit a custodial arrest?

Answer 4

All offenses, even those punishable by a monetary fine only

Question 5

Do you need an arrest warrant if the suspect is in a public place?

Answer 5

No

Question 6

Do you need an arrest warrant if the suspect is in their home?

Answer 6

Absent an emergency, police officers need a warrant to arrest someone in his or her home.

Question 7

Do you need an arrest warrant if the suspect is in the home of a third party?

Answer 7

To arrest someone in the home of a third party, police officers need an arrest warrant and a search warrant.