Arrests and Detentions

Question 1

Seizure

Answer 1

exercise of control

Question 2

Probable cause

Answer 2

reasonably prudent person

Question 3

Standard for arrest

Answer 3

probable cause

Question 4

Are arrest warrants required before arresting someone in a public place?

Answer 4

No.

Question 5

Does a non-emergency arrest of an individual in her home require an arrest warrant?

Answer 5

Yes.

Question 6

Station house detention

Answer 6

arrest for either fingerprinting or interrogation

Question 7

Effect of invalid arrest

Answer 7

no impact on subsequent criminal prosecutions

Question 8

Standard for Terry Stops

Answer 8

reasonable suspicion supported by articulable facts

Question 9

Reasonable suspicion

Answer 9

more than vague suspicion and less than probable cause

Question 10

What does reasonable suspicion depend on?

Answer 10

totality of circumstances

Question 11

Standard for informant tip

Answer 11

indicia of reliability

Question 12

Standard for automobile stops

Answer 12

reasonable suspicion

Question 13

Is a sniff a search during a routine traffic stop?

Answer 13

Only if the police extend the stop beyond the time needed to issue a ticket or conduct normal inquiries.

Question 14

Can dog “alerts” to the presence of drugs form the basis for probable cause for a search?

Answer 14

Yes.

Question 15

Can the police use drug sniffing dogs outside of the home of a suspected drug dealer?

Answer 15

No.

Question 16

Does an automobile stop constitute a seizure of all occupants?

Answer 16

Yes.

Question 17

Will a roadblock be constitutional if the police set it up for purposes other than seeking incriminating information about the drivers stopped?

Answer 17

Yes.

Question 18

Is an officer’s ulterior motive for stopping an automobile relevant?

Answer 18

Not if the stopping of the car was legal.