Use of Force & Exceptions to 4th Requirements for Arrests

Question 1

Arrests in Public

US v Watson

Answer 1

Public felony arrest do not require a warrant, the only requirement is probable cause that he individual is committing the suspected crime

Public misdemeanors do not require a warrant, so long as the police are making the arrest in a public space, that they see it with their own eyes

Question 2

Scott v. Harris

Answer 2

However, the Supreme Court, in an 8-1 decision, reversed the lower courts’ rulings. Justice Antonin Scalia delivered the majority opinion, which held that Scott’s actions did not violate the Fourth Amendment. The Court reasoned that Harris posed a significant and immediate threat to the lives of others by engaging in a high-speed chase, and therefore, Scott’s use of force was reasonable under the circumstances. The Court also emphasized that law enforcement officers should not be held to a higher standard of care when making split-second decisions in the course of their duties.

Question 3

Exceptions to 4th Requirements for Arrest

Tennessee v. Garner → Deadly Force

Answer 3

Establishes that the 4th amendment controls in the context of the use of deadly force, they are governed under the 4th amendments; Deadly force may not be used to prevent the escape of a felony unless it is necessary to prevent the escape and the officer has probable cause to believe the suspect poses a significant threat of causing death or serious physical injury to the officers or others

Question 4

Graham v. Connor → Non-Deadly Force

Answer 4

The factors the 4th reasonableness standards establish for non-deadly force;
1. What the severity of the crime at issue was
2. Whether the suspect poses an immediate threat to the safety of the officers or others
3. Whether the suspect is actively resisting arrest or attempting to evade arrest by flight