Ch. 5 Seizure of Persons: Arrest (Midterm) Flashcards
This occurs when a person is officially taken into custody and held to answer criminal charges.
What is a custodial arrest?
What are the 4 major differences between stops and arrests?
1) Duration
2) Location
3) Record (arrests only)
4) Invasiveness
Are stops added to your criminal record?
NO
What is the objective basis of an arrest?
Probable cause
Why do arrests require a greater objective basis (i.e. probable cause) than stops?
Arrests are much more invasive 4th Amendment seizures than stops
What is the difference between stops and arrests in terms of duration?
Stops - a couple of minutes
Arrests - hours to a few days
What is the difference between stops and arrests in terms of location?
Stops - suspect is seized at or near the location of the stop
Arrests - suspect taken to police station
What is the difference between stops and arrests in terms of invasiveness?
CONTEXT: What exactly are you doing for a stop & an arrest?
Stops - show ID & explain your whereabouts
Arrests - getting booked, fingerprinted, photographed, etc.
Just to make sure, what is the objective basis of a stop?
Reasonable suspicion
What are the 2 elements of a reasonable arrest?
1) Objective basis (probable cause)
2) Manner of arrest
What does manner of arrest refer to?
The way an arrest was made reasonable
Rank probable cause, reasonable suspicion, & beyond a reasonable doubt in order from highest to lowest objective basis.
1) Beyond a Reasonable Doubt
2) Probable Cause
3) Reasonable Suspicion
What is the relationship between crime and the person being arrested when establishing probable cause to arrest?
1) Crime has/is being/is about to be committed
2) Person arrested has committed/is committing/ is about to commit the crime
What 2 elements are being balanced in probable cause?
1) Societal interest in crime control
2) Individual right of locomotion
Probable cause deals with { } and { } considerations of everyday life.
1) Factual
2) Practical
Does direct/first-hand information automatically make the case for probable cause? Why or why not?
No it doesn’t because the court looks for a totality of circumstances to build a case for probable cause
This rule prohibits the admission of secondhand evidence (information) to prove guilt in court.
What is the hearsay rule?
The exception to the hearsay rule states that secondhand information must be { } & { } to establish probable cause.
1) Reliable
2) Truthful
In Draper v. U.S. (1959), the petitioner Draper was arrested for carrying 2 envelopes of heroin after a confidential informant gave a detailed description of Draper. Draper argued that hearsay is inadmissible in court. Why was his petition denied?
The confidential informant was previously reliable and gave an extremely accurate description of Draper’s character, so his arresting officer had probable cause to arrest him without a warrant
What did Commonwealth v. Dunlap (2007) conclude about police training & experience being used to determine if probable cause for a warrantless arrest following a street corner transaction exists?
Training & experience are not enough to establish probable cause
Circumstances requiring prompt action, eliminating the warrant requirement for a search.
What is exigency?
Except in cases of { }, warrants are required to arrest someone in a home.
Exigency
What are the 3 elements of an arrest warrant?
1) Neutral magistrate
2) Affidavit
3) Name of person to be arrested
What exactly is an affidavit?
Written information sworn to under oath
What do magistrates base their probable cause determinations on when issuing an arrest warrant?
The affidavit
The 3rd element of an arrest warrant is the name of the person to be arrested. What is the name of this 3rd element?
Particularity Requirement
What are the 3 types of exigent circumstances we come across while making arrests?
1) Hot pursuit
2) Imminent destruction of evidence
3) Imminent escape of suspect
Warren v. Hayden (1967) & Colorado v. Mendez (1999) involved warrantless arrests in homes. Why did the courts find these arrests to be reasonable?
Exigent circumstances
In Brigham City, UT v. Stuart, law enforcement officers responded to a loud house party call and saw a fight occurring inside the home. The officers saw a juvenile punch an adult in the face, causing him to spit blood, and they entered the house. Was the officers’ decision to enter the home without a warrant reasonable? Why or why not?
Yes, the officers’ decision was reasonable because they had an objectively reasonable basis to believe that someone was seriously injured or imminently threatened with injury
What are the 2 types of force that may be employed for arrests?
1) Deadly
2) Non-deadly
Are the majority of arrests made with deadly or non-deadly force?
TRICK QUESTION: the vast majority of arrests are made without any use of force
In Tennessee v. Garner (1985), Memphis Police officer shot & killed 15-year-old Edward Garner when he fled from the scene of a suspected burglary. There was no sign of a weapon on Garner’s person. What was the outcome of this case?
Suspects posing no immediate threat to officers or others, no matter the harm resulting from failed apprehension, do not require deadly force, and there is no justification for it
In Graham v. Connor (1989), petitioner Graham suffered multiple injuries, including a broken foot & bruised forehead, from 5 officers after getting seized during a diabetic episode. What standard did this case set forth?
Objective Standard of Reasonable Force
In Estate of Ronald Armstrong v. Village of Pinehurst (2016), why was the taser used against him considered an unreasonable use of force?
A reasonable officer only deploys a taser in response to perceived imminent danger. Ronald Armstrong was wrapped around a stop sign post and unwilling to flee anywhere
In addition to unreasonable tasing, what other unreasonable force did Estate of Ronald Armstrong v. Village of Pinehurst (2016) tackle?
Hog-tying
Why is hog-tying of a person of apparent diminished capacity forbidden?
It can lead to suffocation
In Kuha v. Minnetonka (2003), plaintiff Kuha inexplicably fled from a minor traffic stop in the early morning hours. Law enforcement employed a K9 trained to use the “bite & hold” technique. Kuha is bitten in the femoral artery and loses a lot of blood. Is law enforcement action reasonable? Why or why not?
Yes, law enforcement action was reasonable. “Bite & hold” is not excessive force since officers didn’t know why he fled from the traffic stop or if he was armed
When charged with a misdemeanor, suspects are usually released and issued a…
Citation
What did Atwater v. City of Lago Vista (2000) conclude for warrantless arrests for minor criminal offenses?
Warrantless arrests for minor criminal offenses are not forbidden by the 4th Amendment
What was the minor criminal offense in question in Atwater v. City of Lago Vista?
Misdemeanor seatbelt violation
