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- Arrest -

- Arrest -. Arrest. Takes place when a person suspected of a crime is taken into custody. Can occur one of two ways: Arrest warrant Without warrant if there’s probable cause. Arrest Warrants. A court order commanding that the person named in it be taken into custody.

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- Arrest -

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  1. - Arrest -

  2. Arrest • Takes place when a person suspected of a crime is taken into custody. • Can occur one of two ways: • Arrest warrant • Without warrant if there’s probable cause

  3. Arrest Warrants • A court order commanding that the person named in it be taken into custody. • Generally filed by police officers • Police generally do not have time to get a warrant

  4. Probable Cause • Having a rational belief that a person has PROBABLY committed a crime. • More likely than not that a person has committed a crime • May be based on much less evidence than is needed to convict a person at trial • No exact formula for proving probable cause.

  5. PC from a Witness • Police can use tips provided by citizens of the community, victims, or witnesses. • Information can be used to obtain a warrant • Judge must consider: • Has the informant provided accurate info in the past? • How the informant obtained the info • Whether the police can corroborate, or confirm, the informant’s tip with other info

  6. Stop and Question • Police do not need probable cause to stop you on the street, but they DO need reasonable suspicion that the person is involved in criminal activity • Probable Cause > Reasonable Suspicion > “Hunch” • If police do not have PC or RS, they still may go up to an individual and ask to speak with him/her • A person may decline and walk away (Not probable cause) • May not run (NOW it’s probable cause)

  7. CAN arrest you CAN involuntary stop and question you. CAN’T involuntary stop you. “Hunch” Reasonable Suspicion Probable Cause

  8. “Can this officer (1) stop me, (2) search me, (3) question me?” • Depends. • Most common way stops are illegal is when there is a lack of reasonable suspicion for the stop. • Standard used to ALWAYS be probable cause • Terry v. Ohio (1968): SCOTUS authorizes lower standard for less invasive searches and seizures: “reasonable suspicion”

  9. Precedent Set by Terry v. Ohio • Officer needs a specific, articulable fact that criminal activity or a traffic violation has occurred. • Must be more than a mere “hunch” • If reasonable suspicion is not present, case must be dismissed.

  10. Precedent Set by Terry v. Ohio • Ex: If an officer looked at you and you were a minority or you looked at him funny, case must be dismissed • RARE. • More often: Officers stretch the truth or misunderstand/misapply the law.

  11. Stop and Frisk • If an officer believes a person is armed and dangerous, he or she may do a limited pat-down of the person’s outer clothing.

  12. Use of Force • Officer may use force as necessary • May use deadly force only if they reasonably believe their life is in sudden danger

  13. If you are arrested… • Do not struggle with police • Provide ID, name, address, and phone number • Otherwise, keep quiet until you have spoken to a lawyer • You may be searched, photographed, and fingerprinted. • Call friend or relative • Post bond (if a minor offense) • Do not talk to anyone about your case EXCEPT your lawyer

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