Arrest Flashcards
What Constitutes a Seizure?
A seizure occurs when, under the totality of the circumstances, a
reasonable person would feel that they were not free to decline the
officer’s requests or otherwise terminate the encounter.
Arrests
An arrest occurs when the police take a person into custody against
their will for purposes of criminal prosecution or interrogation.
Arrest in the home
police generally must have a warrant to effect a nonemergency arrest of a person in their home.
Arrest in Public
A warrant generally is not required before arresting a person in a public place.
TERRY STOPS
The police have the authority to briefly detain a person even if they lack probable cause to arrest. If the police have a reasonable suspicion of criminal activity or involvement in a completed crime,
supported by articulable facts (that is, not merely a hunch), they may
detain a person for investigative purposes. If the police also have
reasonable suspicion that the detainee is armed and dangerous, they may frisk the detainee for weapons.
Reasonable Suspicion
Reasonable suspicion is more than just vague suspicion but is less
than probable cause. Whether the police have reasonable suspicion
depends on the totality of the circumstances.
Reasonable Suspicion and informants
When reasonable suspicion is based on an informant’s tip, there must
be an indicia of reliability