Arrests and Other Detentions (Module 2)

Question 1

Seizure

Answer 1

Exercise of control by a government agent over a person or thing

Occurs when under the totality of circumstances a rxble person would not feel free to leave or to end teh encounter

Question 2

Arrests

Answer 2

• occurs when police take person into custody
• requires PC
• warrant not required to arrest in public place, but need warrant to arrest in home

Question 3

Probable Cause for Arrests

Answer 3

Arrests must be based on probable cause

PC = based on the totality of the circumstnaces a rxble person would beleive that the suspect has committed or is committing a crime

Question 4

Station House Detentions

Answer 4

Police must always have PC but if voluntarily consent it’s ok

Question 5

Effect of Invalid Arrest

Answer 5

An unlawful arrest on its own does not have any impact on subsequent criminal prosecution

Question 6

Rxble Suspicion (Terry Stops)

Answer 6

Police have authority to briefly detain a person based on rxble suspicion (articulable facts based on the totality of the circumstances)

If stop is based on an informant, there must be an indicia of reliability

Question 7

Duration/Scope of Terry Stops

Answer 7

No specific time limit but police must act in a diligent and rxble manner in confirming/dispelling their suspicion

Can arrest a detainee for failing to identify themselves

Question 8

Automobile Stops

Answer 8

• Need rxble suspicion
• All occupants of the car are seized and thus have standing
• Police may order all the occupants out of the car
• If believe any of them are armed after ordering them out, can frisk them + search passenger compartment for weapons
• Pretextual stops for a traffic violation are allowed even if the cop has an ulterior motive for which they do not have sufficient cause to make a stop
• Police officer’s mistake of law (ex. think that a car needs 3 taillights) does not invalidate the seizure as long as the mistake was rxble

Question 9

“Dog Sniffs” During Automobile Stops

Answer 9

• Can use a dog sniff during a routine traffic stop but it can’t extend the stop beyond the usual time it would take to issue a ticket
• Dog sniff can form the basis for PC for a search

Question 10

Informational Checkpoints/Roadblocks

Answer 10

Can do roadblocks for special law enforcement needs (e.g., DUI checkpoint) so long as:
- stop cars on a neutral, articulable standard
- block is for purpose closely relating to automobiles/their mobility

Question 11

Miscellaneous Detentions

Answer 11

• If have PC to believe a suspect has drugs in their home, can prevent them from going into the home (for a rxble time) while they obtain the warrant
• valid search warrant allows police to detain other occupants during teh search
• seizure of person (by subpeona) for GJ appearance isn’t protected
• using deadly force is technically a seizure, and can only be done if rxble under the circumstances