Warrantless Exception: Arrests

Question 1

Arrests = Seizures

Answer 1

In the arrest context, PC is proxy for “reasonableness”

Question 2

Dunaway v. NY

Answer 2

• All custodial arrests require probable cause

Question 3

US v. Watson

Answer 3

in some situations, police may arrest w/out warrant  Warrant not necessary if there is probable cause that person has COMMITTED A FELONY -

Question 4

Payton v. NY

Answer 4

• PC to arrest does NOT authorize warrantless entry into the home to arrest, but an arrest warrant would authorize entry for the limited purpose to arrest.

Question 5

Steagald v. US

Answer 5

• An arrest warrant does NOT justify the entry and search of a home of someone other than the arrestee. Steagald v US (1981) (need search warrant for 3P)

Question 6

Atwater v. Lago Vista (2001)

Answer 6

SCOTUS made clear that 4th amend permits a warrantless arrest for minor criminal offenses punishable only by a fine SO LONG AS ARREST is based upon PC