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.

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

Question 2

What standard of proof applies to arrests?

Answer 2

Probable cause

Question 3

For what offenses does the 4th Amendment permit a custodial arrest?

Answer 3

All offenses, even those punishable by a monetary fine only.

Question 4

When do you need an arrest warrant?

Answer 4

1) Police officers do not need a warrant to arrest someone in a public place.
2) Absent an emergency, police officers need a warrant to arrest someone in his or her home.
3) To arrest someone in the home of a third party, police officers need an arrest warrant and a search warrant.