CP Lesson 4 Arrest and Seizure

1
CP Lesson 4 Arrest and Seizure

• Basic Definitions
• Arrest Elements
• Seizure
• Seizure and Use of Force
• Entrapment

2
Arrest and Seizure Defined

• Arrest the taking of a person into custody
  against his or her own will for the purpose of
  criminal prosecution or interrogation.
• Seizure the taking of one physically or
  constructively into custody and detaining him,
  thus causing a deprivation of his or her freedom
  in a significant way.

3
Arrest

• Four Essential Elements
• Seizure and Detention
• Intention to Arrest
• Arrest Authority
• Understanding by Person Arrested
• Case Dunaway v. NY (1979)

4
Seizure

• Assessing Seizures
• Level of Obtrusiveness
• Has a Seizure Occurred?
• California v. Hodari (1991)
• Florida v. Bostick (1991)
• US v. Drayton (2002)

5
Seizure and Use of Force Under the Fourth
Amendment

• Using force
• Rule of Proportionate Force
• Deadly Force
• Tennessee v. Garner (1985)
• Graham v. Connor (1989)
• Arrests for Offenses Not Punishable With Prison
  or Jail
• Atwater v. City of Lago Vista (2001)