Seizure of Persons

Question 1

Arrest

Answer 1

a seizure of a person, based on probable cause. Per se unreasonable if arrest not based on probable cause. If there is PC to arrest, it is unreasonable to arrest without a warrant in some circumstances

Question 2

Bright Line Rule

Answer 2

if arrest is based on PC, fourth amendment nor of reasonableness is satisfied. Doesn’t matter that level of the offense (felony or misdemeanor)

Question 3

PC to Arrest

Answer 3

1. Particular individual
2. Has committed or is committing an offense

Question 4

Arrest in Home

Answer 4

Showing:
1. arrest warrant and
2. PC that D is in the home (determined by police executing the arrest warrant

Question 5

Arrest Outside of Home, but D enters residence with police

Answer 5

Officer may follow him inside without a warrant

Question 6

Innocent Third Party’s Home

Answer 6

Showing:
1. PC to arrest and
2. Search Warrant

Note: no arrest warrant needed because suspeect would not have standing to contest the arrest based on the violation of TP’s rights

Question 7

Arrest on Curtilage

Answer 7

P can arrest a resident at the threshold of residence (curtilage) without warrant but if D is one step inside, the police would need to meet the arrest in home requirements.