Class 8: Arrests, Warrants and Terry Stops

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Class 8 Arrests, Warrants and Terry Stops
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Problem 3-6

• PC to arrest? (was Mercedes driver Clutchette?)
• Was Clutch a resident of the home in which arrest
  warrant to be served?
• PC that Clutch present in home to be searched at
  the time?

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Problem 3-7

• PC to arrest?
• Was search warrant necessary?
• PC to arrest Albogado?

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Use of Force to Arrest

• Reasonable force permissible
• Severity of crime, immediate threat to safety,
  resistance to arrest or flight
• Deadly force killing is seizure
• Permissible if suspect threatens police, or PC
  that crime involves serious physical harm,
  warning ignored, and force necessary to prevent
  escape (TN v. Garner)

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Prompt Arraignment

• Defendant arrested without warrant entitled to
  prompt judicial determination of PC (Gerstein v.
  Pugh)
• Hearing within 48 hours of arrest presumptively
  reasonable later presumptively unreasonable
  (City of Riverside v. McGlaughlin)
• Remedies for violations?

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Terry v. Ohio

• Style of reasoning?
• What factors supported departure from PC?
• Liberal or illiberal decision?
• What danger implicit in decision?
• Other possible approaches?

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Stop and Frisk

• A police officer, upon reasonable suspicion that
  an individual is engaged in criminal activity,
  may detain and investigate, and, with specific
  and articulable facts that s/he is presently
  armed and dangerous, may pat search outer
  clothing for weapons
• (a Terry stop) Terry v. Ohio

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Consensual encounters and Detentions

• Detention occurs when intentional police action
  would cause objectively reasonable innocent
  person that s/he was not free to leave or
  otherwise terminate the encounter
• Mendenhall rule
• Relevant factors display of weapons, physical
  restraint, number of officers, etc.
• Irrelevant uncommunicated police intentions
• Specific features of individual (gender, race,
  education, age, etc.)?

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Seizures by Pursuit?

• US Supreme Court No (CA v. Hodari D)
• Seizure only by physical apprehension, or
  submission to police assertion of authority
• No RS needed to pursue, and any evidence seized
  during pursuit admissible (why?)

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Problem 3-11

• At what point did seizure occur?

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Next time

• Stop and Frisk, pp. 309-330
• Exceptions to the Warrant Requirement, pp. 332-351