Question | Answer |
Arrest | Consitutes a "seizure" of a person so the restiction of the 4th admendment defined as taking a person into custody against his/her will for the purpose of criminal or interrogation |
Florida v. Bostick (1991) | p/o boarded bus w/ out suspicion asked for consent, told he could refuse, cocaine found, he claimed mere presnt on bus was improper seizure, court disagreed |
elements of arrest (1st) | Seizure and Detention
mere word alone do not constitue of arrest
must have actual seizure, peacful submission to the officer's will control (constructive seizure)
Cali v Hodari |
Elements of arrest (2nd) | Intention to arrest
Indicated by words or actions that you plan to take person in to custody
Intention to arrest usually presumed when place handcuffs on someone
Berkemer v. McCarty |
Elements of arrest (3rd) | arrest authority ( to make arrest valid must have authority)
jurisdiction
on/off duty
exception to arrest
when a warrant is present
Frisbe v Collins
U.S. v Alverez-Mchanin |
Elements of arrest (4rd) | Understanding by person being arrested
elements is not required when:
suspect is intoxicated, mentally ill, not conscious |
Active / Constructive seizure | without any physical touching, grabbing, holding, or use of force; submits to the officer's will and control |
California v. Hodari (1991) | 1st
officer's approach 5 youth around a car, fled, foot chase, dropped cocaine
when did seizure occur, when tackled him cocaine admissible |
Berkemer v. McCarty (1984) | 2nd
test to determine intention to arrest is the understood by a reasonable person , regardless of what officer's had in mind
even if officer didnt intend to arrest, if reasonable man would conclude arrest had occured |
Warrant Arrests | 5%
crime is not commited in the offier's presence
in a private residence no reason for immediate arrest
in home entries for minor offenses
service w/in state
service outside state
hot pursuit exception
detain for extradition |
Knock/Announce Rule | knock and announce thier presence before entering a house to serve a warrant |
Knock/Announce Rule Exceptions | 1. when annoucing presents a strong threat of violence/danger to officer
2. Dnager that contraband or toher propery sought might be destroyed
3. person w/in the premises are in imminent peril of bodily harm |
Knock/Announce Rule Exceptions | 4. engaged in process of destroying evidence or escaping b/c aware of police presence
5. when a person to be arrested is in process of commiting a crime |
Warrantless Arrests | 95%
arrest felones if p/c exist
felonies/misdemeanors committed in presence of officers
crimes committed in public palce
exigent circumstances are present
danger to the arresting officer |
Atwater v. City of Lago Vista (2001) | 4th admendment does not forbid a warrantless arrest for minor criminal offense punishable only by a fine |
Searches Incident to Arrest | search the arrested person
search the arrest of immediate control
search passenger/ compartment of motor vehicle
conduct a protective sweep if justified |
US v. Robinson (1973) | search the arrested person regardless of the offense
custodial arrest of a suspect based on P/C
protection of officer
prevent the destruction of evidence
prevent escape |
Chimel v California | search area of immediate control
after arrest police may search the area from which the suspect may have weapon or destory evidence arm length |
New York v. Belton (1981) | search passenger compartment of motor vehicle
when lawful arrest is made, does not include trunk |
Maryland v. Buie | warrantless protective sweep, justified
look at other rooms other than where the arrest took place |
Arizona v. Johnson (2009) | |