Arrests and Other Detentions

Question 1

What is an arrest

Answer 1

An arrest occurs when the police take a person into custody against their will for purposes of criminal prosecution or interrogation.

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

Question 2

Probable Cause Requirement (Arrest)

Answer 2

An arrest must be based on probable cause - trustworthy facts or knowledge sufficient for a reasonable person, in the totality of the circumstances, to believe that the suspect has committed or is committing a crime for which arrest is authorized by law.

Question 3

When Custodial Arrest is Permitted

Answer 3

The Fourth amendment permits a custodial arrest for all offenses, even those punishable by a monetary fine only.

Think of car seat case.

Question 4

Warrant Requirement for Arrest

Answer 4

Police generally do not need a warrant to arrest a person in a public place.

Police must generally have a warrant to effect a nonemergency arrest of a person in their home. The officers executing the warrant may enter the suspect’s home only if there is reason to believe the suspect is within it.

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

Question 5

Effect of Invalid Arrest

Answer 5

An unlawful arrest, by itself, has no impact on subsequent criminal prosecution.

If police improperly arrest someone, they may detain the person if they have probable cause to do so, and the invalid arrest is not a defense to the offense charged.

However, evidence that is a fruit of the unlawful arrest may not be used against the defendant at trial (exclusionary rule)

Question 6

Automobile Stops

Answer 6

Police may stop a car if they have at least reasonable suspicion to believe that a law has been violated

Question 7

Informational Checkpoints and Roadblocks

Answer 7

If police set up a roadblock for purposes other than seeking incriminating information about drivers stopped, the roadblock will be constitutional.

If special law enforcement needs are involved, the Supreme Court allows officers to set up roadblocks to stop cars without individualized suspicion that the driver violated some law.

To be valid the roadblock must:
1) stop cars on the basis of some neutral, articulable standard (every car, every third car); and
2) be designed to serve purposes clearly related to a particular problem pertaining to automobiles and their mobility

NOTE – Roadblocks for drunk driving are valid while roadblocks for illegal drugs is not (purpose is only to detect evidence of ordinary criminal wrongdoing)

Question 8

Pretextual Stops

Answer 8

If police have probable cause to believe a driver violated a traffic law, they may stop the car, even if their ulterior motive is to investigate a crime for which they lack sufficient cause to make a stop.

Question 9

Detention to Obtain a Warrant

Answer 9

If the police have probable cause to believe that a suspect has hidden drugs in their home, they may, for a reasonable time, prevent the suspect from going into the home unaccompanied so that they can prevent the suspect from destroying the drugs while they obtain a search warrant.

Question 10

Grand Jury Appearance

Answer 10

Seizure of a person (by subpoena) for a grand jury appearance is not within the fourth amendment’s protection

Question 11

Deadly Force

Answer 11

There is a fourth amendment seizure when a police officer uses deadly force to apprehend a suspect.

An officer may not use deadly force unless it is reasonable to do so under the circumstances