Criminal Procedure: Arrest and Seizure

Definition: Facts and circumstances that would "warrant a person of reasonable caution in the belief" that an offense has been committed or is being committed ( $Carroll ext{ v. } United States$ ).

Must be beyond a mere hunch or guess ( $People ext{ v. } Delgado$ ).

Sources: Observation of criminality, reliable informant information, public data, hearsay, wiretap sources, reliable information from other officers.
Informant Information: Modern standard is "totality of circumstances" test ( $Illinois ext{ v. } Gates$ ), superseding the "two-pronged test" ( $Aguilar ext{ v. } Texas$ ).
Stale Probable Cause: Generally does not disappear but new information can defeat it; limited by statute of limitations.

Definition: A seizure where an individual, against their will, comes under a police officer’s physical control, either through submission to authority or application of physical force.
Fourth Amendment: While plain meaning suggests warrants for most arrests, common law allows warrantless arrests.

Arrest Warrant: A court order to seize a person, issued by a judicial official who believes probable cause exists based on an affidavit.
Warrant Content: Must include name and description of person, details of charged offense, and orders for police execution.

Public Places: Permissible for felonies in all cases; for misdemeanors (e.g., breach of peace in officer's view), local laws vary ( $Atwater ext{ v. } City of Lago Vista$ ).
Within Arrestee's Home: Prohibited without a warrant unless exigent circumstances exist (e.g., destruction of evidence, hot pursuit) or other exceptions. Police cannot enter if the subject will not step outside ( $People ext{ v. } Hammerlund$ ).
Within Third Party's Home: Requires separate justification (e.g., search warrant for the premises, exigent circumstances) to enter and arrest a non-resident, even with an arrest warrant for the individual.