Chapter 6 Arrests

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Chapter 6 Arrests
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• Arrest constitutes a seizure of a person, so
  the restrictions of the 4th amendment apply
• Arrest taking a person into custody against
  his/her will for the purpose of criminal
  prosecution or interrogation

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Test to Determine if Seizure has Occurred

• Whether a reasonable person would have concluded
  that the police had is some way restrained his
  liberty so that he was not free to leave

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Florida v. Bostick (1991)

• 2 officers boarded bus without suspicion and
  asked for consent to search his bag and told his
  he could refuse Cocaine was found Bostick
  claimed that he was improperly seized but Court
  disagreed

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Elements of Arrest

• First element of arrest is
• Seizure and Detention
• Mere words alone do not constitute an arrest
• Saying you are under arrest is not sufficient
• Must have
• actual seizure or
• peaceful submission to the officers will and
  control

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Elements of Arrest

• California v. Hodari (1991) officers approached
  5 youth around a car and Hodari fled during the
  foot chase Hodari dropped crack cocaine
• Question before the Court was when did the
  seizure occur
• Seizure did not occur until tackled by officer

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Elements of Arrest

• Second element of arrest is
• Intention to arrest
• Indicate by words or actions that you plan to
  take the person into custody
• Intention to arrest usually presumed when place
  handcuffs on someone

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Elements of Arrest

• Berkemer v. McCarty (1984) test to determine
  intention to arrest is the interpretation of a
  reasonable person, regardless of what the officer
  had in mind

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Elements of Arrest

• Third element of arrest is
• Arrest authority
• Officer must have authority in order to make
  arrest valid
• Two issues
• Jurisdiction
• On/Off duty

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Elements of Arrest

• What is the jurisdiction of a police officer?
• When is an officer on and off duty?

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Elements of Arrest

• Exception to arrest authority requirement
• When a warrant is present
• Frisbie v. Collins (1952) court has
  jurisdiction even if arrest is illegal
• US v. Alvarez-Machain (1992)

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Elements of Arrest

• Fourth element of arrest is
• Understanding by person arrested
• May be conveyed to suspect by words or actions
• This element is not required if
• Suspect is intoxicated
• Suspect is mentally ill

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Types of Authorized Arrest

• Arrest with warrant
• Service within state warrant issued in one
  county may be served by peace officers of any
  other county in which the accused is found

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Types of Authorized Arrest

• Arrest with warrant
• Service outside state warrant has no authority
  beyond the territorial limits of the state in
  which it is issued
• Detained for extradition

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• Unless an officer has exigent circumstances or
  consent, need to obtain a search warrant to
  execute an arrest warrant in the home of a third
  party
• Does not apply to arrestees residence

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Knock and Announce Rule

• Do officers have to knock and announce their
  presence before entering a house to serve a
  warrant?
• Yes, but there are exceptions
• Wilson v. Arkansas (1995) announced presence
  after entering through unlocked door to serve
  warrant for arrest and search

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Knock and Announce Rule

• Exceptions to knock and announce rule can be
  established by court decisions and state law
• Permissible exceptions include
• 1 When announcing presents a strong threat of
  violence or danger to the officers
• 2 Danger that contraband or other property
  sought might be destroyed

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Knock and Announce Rule

• 3 Persons within the premises are in imminent
  peril of bodily harm
• 4 Engaged in process of destroying evidence
  or escaping because aware of police presence
• 5 When person to be arrested is in process of
  committing a crime

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Knock and Announce Rule

• Richards v. Wisconsin (1997) blanket exceptions
  to the knock and announce rule are not allowed in
  drug-dealing cases even by judicial authorization
• Must be decided on a case by case basis

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Hudson v. Michigan (2006)

• A violation of the knock and announce rule does
  not require suppression of evidence found in a
  search

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Types of Authorized Arrest

• Arrest without warrant 95 of all arrests
• Arrest for Felonies without warrant
• Can arrest for felonies if p/c exists regardless
  of whether the officer observed to offense or not
• May arrest without warrant for felonies in public
  places even if time to get warrant

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Types of Authorized Arrest

• Need warrant to arrest for felonies in private
  places if time to obtain one
• Need warrant to arrest in house for felony or
  misdemeanor unless
• Consent
• Exigent circumstances (possibility of
  disappearance and hot pursuit)

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Types of Authorized Arrest

• Arrest without warrant for misdemeanors
• General Rule an officer can only arrest for a
  misdemeanor offense without a warrant when the
  offense occurs in the officers presence
• Exceptions
• Example domestic violence

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Types of Authorized Arrest

• Atwater v. Lago Vista (2001)
• The Fourth Amendment does not forbid a
  warrantless arrest for a minor criminal offense
  punishable only by a fine

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Search Incident to Arrest

• What actions can the police take in a search
  incident to arrest
• Search the arrested person
• Search the area of immediate control
• Search the passenger compartment of a motor
  vehicle
• Conduct a protective sweep if justified

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Search Incident to Arrest

• Search the arrested person regardless of the
  offense
• US v. Robinson (1973) allowed search of person
  after arrest
• Purpose
• Protection of officer
• Prevent the destruction of evidence
• Prevent escape

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Search Incident to Arrest

• Scope
• Allows you to search the entire person except
  strip search or body cavity search which requires
  reasonable suspicion that the person is
  concealing a weapon, drugs, or other contraband

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Search Incident to Arrest

• Search the Area of Immediate Control
• Chimel v. California (1969) after an arrest the
  police may search the area from which the suspect
  may grab a weapon or destroy evidence
• Court has not stated how far the area of
  immediate control is

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Search Incident to Arrest

• Search the Passenger Compartment of a Motor
  Vehicle
• New York v. Belton (1981) Scope -if arrest
  involves a vehicle, can search the entire
  passenger compartment and open any containers
  found in the compartment

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Search Incident to Arrest

• The containers must reasonably contain evidence
  in support of the offense arrested for or an item
  that can pose a danger to the officer
• Not trunk or locked containers in the passenger
  compartment

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Thornton v. U.S. (2004)

• Belton governs motor vehicle searches incident
  to arrest even when an officer does not make
  contact until the person arrested has left the
  vehicle

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Search Incident to Arrest

• Conduct a warrantless protective sweep of the
  area in which the suspect is arrested
• Maryland v. Buie (1990)
• Need reasonable suspicion to believe the area to
  be swept harbors an individual that can pose a
  danger to officers
• Scope - only look in places people can be found
• Evidence in plain view may be seized

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Search Incident to Arrest

• All of the activities in a search incident to
  arrest require no level of proof to justify
  except
• Strip and body cavity searches
• Protective sweeps

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Virginia v. Moore (2008)

• Does the Fourth Amendment require the suppression
  of evidence obtained incident to an arrest that
  is based upon probable cause, where the arrest
  violates a provision of state law?

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What the Police Cannot Do During an Arrest

• Cannot invite the media to ride along into a
  private home
• Wilson v. Layne (1999) The Court held that the
  practice of media ride-along during execution
  of arrest and search warrants in residences
  violates a suspects 4th amendment rights and is
  therefore unconstitutional