Arrest
What is an Arrest?
The taking of a person into custody
against their will for the purpose of criminal prosecution or interrogation.
What term is used to describe when police stop a person in a way that would make a reasonable person feel they are not free to leave.
seizure
What is Reasonable force
The amount of force a police officer can use that is fair, necessary, and not more than what the situation requires.
What document does a police officer give a judge to get an arrest warrant?
Complaint
What is something the police can do after an arrest?
• Search the arrestee, including a strip search.
• Search the area of immediate control.
• Search the passenger compartment of a motor vehicle.
• Use handcuffs.
• Monitor the arrestee’s movements.
• Search the arrestee at the place of detention.
What should the length be of the detention and arrest?
Not longer than that required by the
circumstances
What amendment is, seizures must be “reasonable.” Many court cases interpret what that means.
The Fourth Amendment
Police can only use this highest level of force if a suspect poses an immediate threat of serious harm.
Deadly force
Police must do this before entering a home to execute a warrant.
Knock and Announce
Police can search these parts of a car after making a lawful arrest of the driver or passenger.
the area within the suspect’s immediate control
What are the 4 elements of an arrest?
Seizure and detention
Intention to arrest
Arrest authority
The understanding of the individual that they are being arrested
What is an Actual Seizure
The taking of a person into custody with the use of hands, force or firearms.
This type of force may be used as long as it is reasonable, and it is measured by what a prudent and cautious person would do in the same situation.
non-deadly force
What is exigent circumstances
Emergency situations where getting a warrant would be too slow, useless, or unsafe, allowing police to arrest or enter without a warrant.
A private individual may perform this type of arrest under limited conditions, typically requiring that a crime has been committed in their presence or that a felony has occurred. Its validity depends on the jurisdiction.
citizen’s arrest
Approximately 95% of all arrests in the U.S. are made this way, without getting a warrant first.
warrantless arrest
What type of seizure occurs when the person being arrested is submissive?
Constructive seizure
Departments often describe an escalating series of actions an officer can take to control a situation using this concept
use-of-force continuum
What 5 five situations where police have a general power to arrest without a warrant
1. Felonies committed in the presence of officers
2. Misdemeanors committed in the presence of officers
3. Crimes committed in public places
4. When exigent (emergency) circumstances are present
5. When there is danger to the arresting officer
This type of exception applies to all cases of a certain kind, no matter the situation.
blanket exception
This Supreme Court case held that a warrantless arrest in a public place for a misdemeanor is only constitutional if the offense is committed in the officer’s presence.
Atwater v. City of Lago Vista
This principle allows police to search a vehicle incident to a recent occupant’s arrest only if the arrestee could reach the area to grab a weapon or destroy evidence.
Chimel rule
Police may only use deadly force if the suspect poses an immediate threat which is set by what case.
Tennessee v. Garner
This type of court order is more general than a bench warrant and can bring a person to court for reasons not always related to a criminal case.
capias
Which U.S. Supreme Court case established that police may only enter a home to make a routine warrantless arrest with valid consent or the presence of exigent circumstances?
Payton v. N.Y. (1980)