Arrests
The taking of a person into custody, with the use of hands, force, or firearms.
Actual seizure
A writ issued by a duly authorized person that instructs a law enforcement officer to bring the person to a magistrate or judge in connection with an offense with which they have been charged.
Arrest warrant
Force that, when used, is not likely to result in serious bodily injury or death.
Non-deadly force
Warrantless entry into a private home to make a felony arrest violates the Fourth Amendment
Payton v. New York (1980)
An issuing officer who is not unalterably aligned with the police or prosecutor’s position in the case.
Neutral and detached magistrate
Occurs without any physical touching, grabbing, holding, or use of force when the individual peacefully submits to the officer’s will and control.
Constructive seizure
Issued when a person does not appear for a hearing.
Bench warrant
Force that, when used, would lead a reasonable officer objectively to conclude that it poses a high risk of death or serious injury.
Deadly force
Under the Fourth Amendment, when a law enforcement officer is pursuing a fleeing suspect, the officer may not use deadly force to prevent escape unless "the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others."
Tennessee v. Garner (1985)
Emergency circumstances that make obtaining a warrant impractical, useless, dangerous, or unnecessary, and that justify warrantless arrests or entries into homes or premises.
Exigent circumstances
A(n) BLANK is defined as the taking of a person into custody against their will for the purpose of criminal prosecution or interrogation
Arrest
Issued after a telephonic communication between the issuing judge and the officer.
Force that is used to punish rather than to accomplish lawful results.
Punitive force
The Fourth Amendment requires police to generally follow the “knock-and-announce” rule before entering a home, meaning officers must knock, identify themselves, and wait a reasonable time before forcing entry, unless special circumstances justify not doing so.
Wilson v. Arkansas (1995)
The police look at rooms or places in the house other than where the arrest takes place.
Protective sweeps
1. Seizure and detention
2. Intention to arrest
3. Arrest authority
4. The understanding of the individual that he or she is being arrested
Four elements of an arrest
Issued when the person to be arrested is well described in the warrant, but not identified by name.
John Doe warrant
Description of an escalating series of actions an officer may appropriately use, from no force to deadly force.
Use-of-force continuum
Police may make a warrantless arrest for even a very minor offense (such as a seatbelt violation) if the officer has probable cause, without violating the Fourth Amendment.
Atwater v. City of Lago Vista (2001)
Exceptions that apply to a certain type of case regardless of circumstances.
Blanket exceptions
An arrest made by a citizen or non-law enforcement personnel without a warrant.
Citizen's arrest
When is a warrant needed
− If the crime is not committed in the officer’s presence
− If the suspect is in a private residence and there is no reason for an
immediate arrest
− In-home entries for minor offenses
Force that a prudent and cautious person would use if exposed to similar circumstances.
Reasonable force
Police may enter a home without a warrant when they have an objectively reasonable belief that someone inside is seriously injured or in immediate danger, even if their purpose includes investigating a crime.
Brigham City, Utah v. Stuart (2006)
Definition:The common law authority of a police officer to compel a person to assist in keeping the peace or arresting a felon.
Posse comitatus