7-4 Arrests

Overview of Arrests

  • Arrests involve the apprehension of a suspect with the intention of detaining them on criminal charges.

  • Understanding the difference between a stop and an arrest is crucial for comprehending civil liberties.

Key Differences Between a Stop and Arrest

  • Definition of a Stop: A relatively brief intrusion on a citizen’s rights based on reasonable suspicion.

  • Definition of an Arrest: A more significant deprivation of liberty requiring probable cause.

Justification

  • Stop: Justified by reasonable suspicion.

  • Arrest: Requires a higher standard known as probable cause.

Warrant Requirements

  • Stop: No warrant is needed.

  • Arrest: A warrant is required in some circumstances, but not all.

Intent of Law Enforcement Officer

  • Stop: The purpose is to investigate suspicious activity.

  • Arrest: The intention is to make a formal charge against the suspect.

Search Procedures

  • During a Stop: Officers may conduct a limited search or “frisk” for weapons only.

  • During an Arrest: A full search for weapons or evidence may be conducted.

Scope of Search

  • Stop: Limited to the outer clothing of an individual.

  • Arrest: Extends to the area within the suspect’s immediate control or “reach.”

Constitutional Protections during Arrests

  • When an arrest occurs, the suspect is under police control and is afforded protections under the U.S. Constitution.

  • These protections ensure that rights are maintained throughout the arrest process.

Learning Objectives Addressed

  • Understand the legal framework distinguishing between stops and arrests.

  • Recognize the implications of reasonable suspicion versus probable cause.

  • Explore the rights afforded to individuals during an arrest, emphasizing due process.

This lesson aims to delineate the legal considerations surrounding arrests, providing clarity on the associated rights and responsibilities for both law enforcement and citizens. It underscores the importance of understanding how these concepts interact within the context of the law and individual liberties.

7-4a Elements of an Arrest

  • An arrest involves the apprehension of a suspect with the intention of detaining them on criminal charges.

Key Elements for an Arrest

  • Intent to Arrest

    • The law enforcement officer must have the intention to deprive the suspect of their freedom of movement.

    • In comparisons with a stop, no intent to arrest is present; there is only a temporary inconvenience.

    • Courts often rely on the suspect’s perception to determine intent, as illustrated by hypothetical cases.

  • Authority to Arrest

    • Police officers must have the legal authority as provided by state laws to make custodial arrests.

    • This authority is foundational for the legitimacy of any arrest made.

  • Seizure or Detention

    • An arrest includes the actual detention of the individual.

    • Detention occurs when the individual submits to the officer’s control, whether voluntarily or under pressure.

  • Understanding of the Arrest

    • The suspect must understand they are under arrest, which can be conveyed through explicit words (e.g., "you are under arrest") or actions (e.g., being handcuffed).

    • This understanding may lack in cases where the individual is intoxicated, insane, or unconscious.

Learning Objectives Addressed

  • Understanding the legal framework distinguishing between stops and arrests:

    • The lesson clarifies when someone is under arrest, pointing out it isn't merely when an officer declares it but involves a broader context regarding the suspect's perception.

  • Recognizing the implications of reasonable suspicion versus probable cause:

    • Detailing the elements of an arrest underscores the difference between justifiable stops and full arrests, emphasizing legal standards of probable cause.

  • Exploring the rights afforded to individuals during an arrest, emphasizing due process:

    • The lesson highlights that individuals must be made aware of their arrest status, ensuring the constitutional protections are upheld throughout the process.

Conclusion

  • As articulated by criminal justice experts, these four elements: intent, authority, detention, and understanding establish what constitutes an arrest. It’s crucial to appreciate how these factors interact to safeguard individual rights against arbitrary state power, thereby reinforcing due process protections for suspects.

7-4b Arrests with a Warrant

  • Law enforcement officers establish probable cause to arrest an individual who is not in custody before obtaining an arrest warrant.

  • An arrest warrant contains key information, including:

    • The name of the individual suspected.

    • The crime the individual is suspected of committing.

  • Judges or magistrates issue arrest warrants after confirming probable cause established by law enforcement officers.

Key Elements for an Arrest

  1. Intent to Arrest

    • Officers must have the intention to restrict the suspect's freedom of movement.

  2. Authority to Arrest

    • Legal authority conferred by state laws to make custodial arrests.

  3. Seizure or Detention

    • Occurs when the individual submits to the officer's control, whether voluntarily or under duress.

  4. Understanding of the Arrest

    • The suspect must comprehend they are under arrest, conveyed through words or actions.

Entering a Dwelling

  • An arrest warrant does not permit officers to enter a dwelling without announcing themselves; as reaffirmed in Wilson v. Arkansas (1995).

  • Exigent circumstances may allow officers to forgo announcing themselves, e.g.:

    • The suspect is armed and poses a threat.

    • Evidence is being destroyed or suspects are fleeing.

    • A felony is occurring as officers enter.

  • Judges can issue "no knock" warrants under certain circumstances, which is permitted in all states except Oregon and Florida.

The Waiting Period

  • Hudson v. Michigan (2006): The Supreme Court weakened the knock-and-announce rule:

    • Officers announced themselves but waited only 3 to 5 seconds before entering, contradicting prior rulings suggesting a wait of 15 to 20 seconds.

    • Supreme Court ruled that improper knocking does not necessarily invalidate evidence obtained from a valid search.

    • Legal experts recommend a reasonable waiting period post-announcement to ensure evidence is admissible.

Improper Stops and Arrests

  • Utah v. Strieff (2016): Addressed the admissibility of evidence after an improper stop:

    • Officer stopped Edward Strieff without reasonable suspicion while he was leaving a suspect house.

    • A warrant check revealed Strieff had a minor traffic warrant, leading to a valid but poorly initiated arrest.

    • Supreme Court ruled drugs found on Strieff were admissible due to the officer’s negligent, not reckless, behavior, introducing a "negligence exception" to the exclusionary rule.

    • Justice Sonia Sotomayor dissented, emphasizing the need for adherence to the Fourth Amendment protections against unreasonable searches and seizures.

Learning Objectives Addressed

  • List the four elements that must be present for an arrest to take place:

    • Intent to Arrest, Authority to Arrest, Seizure or Detention, Understanding of the Arrest.

Conclusion

  • Understanding the legal implications of arrest warrants, entrance protocols, and the consequences of improper stops ensures law enforcement follows constitutional guidelines, safeguarding citizens' rights while fulfilling their duties. This reinforces the importance of due process in the arrest process and evidentiary standards in criminal proceedings.

7-4c Arrests Without a Warrant

  • Arrest warrants are not always required, and in fact, most arrests are made on the scene without a warrant.

Circumstances for Warrantless Arrests

  • A law enforcement officer may make a warrantless arrest in any of the following circumstances:

    • Offense in Presence: The offense is committed in the presence of the officer.

    • Probable Cause of Crime: The officer has probable cause to believe that the suspect has committed a particular crime.

    • Avoidance of Delay: The time lost in obtaining a warrant would allow the suspect to escape or destroy evidence, and the officer has probable cause to make an arrest.

Types of Crimes and Warrantless Arrests

  • Felonies: Officers can make a warrantless arrest for a felony that they did not witness if they have probable cause to believe that a felony has been committed.

  • Misdemeanors: For misdemeanors, the crime must have been committed in the presence of the officer.

    • According to a 2001 Supreme Court ruling, even if an arrest for a misdemeanor involves "gratuitous humiliations" imposed by a police officer exercising poor judgment, the arrest remains valid as long as probable cause requirements are satisfied.

Example Case

  • A Texas mother was handcuffed and taken away from her two young children for failing to wear her seat belt, illustrating how the courts view arrests made under poor judgment but meeting probable cause criteria.

Learning Objectives Addressed

  • Understanding when arrests without warrants are permissible based on the circumstances outlined above is crucial for recognizing law enforcement powers and limitations, ensuring adherence to due process rights.

Conclusion

  • Warrantless arrests, while permissible under certain conditions, highlight the necessity for law enforcement officers to maintain probable cause, ensuring individual rights are respected even in urgent situations. This reinforces the balance between effective law enforcement and the protection of civil liberties.