Arrest

• An arrest takes place when a person suspected of a crime is taken into custody.

• Seizure under the 4th

Amendment.

• Two types of arrests, with a warrant OR

warrantless

With Warrant “Warrantless”

- Police, victim, and witness can all file for a warrant.

- Will be granted if judge finds probable cause.

- Arrest based on probable cause.

- Indicating facts must be present, not just off suspicion.

• Probable Cause to arrest = reasonable belief that a specific person has committed a crime.

• May be established by victims, witness, or informants as long as it can be corroborated by police.

• No exact formula for determining probable cause.

When stopped, suspects…

• Have the right not to answer…however some states say refusal = probable cause.

• Don’t flee! Fleeing = automatic probable cause!!!!

Police Force

• Police may use as much force as reasonably necessary in order to make an arrest.

• In TN V. Garner, the Supreme Court ruled that deadly force may be used on an unarmed, fleeing felony suspect ONLY if “it is necessary to prevent the escape, AND the officer has probable cause to believe the suspects poses a significant threat of death or serious harm to officers or others.”

• Police are never liable for false arrests due

to incorrect person as long as it was done in a non-intentional manor.

Search and Seizure

• 4th amendment sets out the right to be free from “unreasonable searches and seizures”

• Individual’s right to privacy and the governments right to gather information is balanced out.

• 4th amendment doesn't’t give citizens an absolute right to privacy, and only prohibits unreasonable searches.

Search and Seizure

• Courts must decide if a search is reasonable.

• Must look at the facts and circumstances of the case.

• If court finds search unreasonable it cannot be used I court against the defendant.

• This rule is called the exclusionary rule.

Search and Seizure

• The exclusionary rule is a result of the Supreme Case Mapp V. Ohio.

• In the case, police had a warrant for an arrest, and searched the mothers house where the wanted suspect did not reside.

• While in the house they found lude and lascivious materials and she was taken to court.

• The court found the search unreasonable and the exclusionary rule was put in place.

Searches with a warrant

• An affidavit is a sworn statement that provides probable cause.

• To obtain a warrant, an affidavit must be completed and it must specifically describe what the warrant is for and where it can be found.

• Only items specified on the warrant may be seized, unless they are in plain view.

• Knocks must be made during daytime unless it is a dangerous situation where no knock is needed.

• Warrants will specify whether a knock and announce must be made or not.

Warrantless Searches

• There are 8 type of warrantless searches;

1) Search due to lawful arrest 5) Border & airport

2) Hot pursuit 6) Vehicle searches

3) Consent 7) Plain view

4) Emergency situations 8) Stop and Frisk

Interrogations

• Interrogation is questioning the accused.

• Police needs to question suspects and suspects 5th and 6th amendment rights are balanced out.

• Miranda warnings must be stated while in conditions custodial interrogation.

Interrogations

• Not free to leave and being questioned.

Confessions

• Confessions are admissions of guilt.

• No torture or threats may be used to obtain a confession.

• Must be voluntary and trustworthy.

• Admissions may not be used if defendants request for an attorney is denied.