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Arrest

Arrest. THEFT. THEFT. THEFT. Arrest. THEFT. VIOLENT CRIME. THEFT. BURGLARY. CAR THEFT. BURGLARY. THEFT. THEFT. Crime from start to finish. Fourth Amendment.

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Arrest

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  1. Arrest

  2. THEFT THEFT THEFT Arrest THEFT VIOLENT CRIME THEFT BURGLARY CAR THEFT BURGLARY THEFT THEFT

  3. Crime from start to finish

  4. Fourth Amendment “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” Arrest/Detain

  5. Seizure of a Person

  6. Requirement: a seizure must be reasonable

  7. Police can still seize someone without a warrant or consent Enough facts that a reasonable police officer would be strongly suspicious that a particular person committed a particular crime The officer knows several minor facts or a larger fact that points to a particular person engaging in some criminal activity.

  8. How much do the police know? _________________________________________________________________________________ No Hunch Suspicion Beyond a • Info Reasonable • Doubt

  9. Fourth Amendment “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” Arrest/Detain

  10. Search Warrants • Court order issued by a judge based on probable cause • Must specifically describe person or property to be searched and/or seized • Police officers must “knock and announce” before entering a home • Some drug cases are exceptions

  11. Searches without Warrants • Incident to a lawful arrest: search arrested person and immediate (“grab”) area • Stop and frisk: officer has reasonable suspicion a suspect is carrying a weapon • “Plain feel” exception made for seizing drugs during frisk • Consent: person voluntarily agrees

  12. Searches without Warrants • Plain view: out in the open during legal search • Hot pursuit • Vehicle searches: probable cause to believe contraband is in car- entire vehicle subject to search

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