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CP Lesson 4 – Arrest and Seizure

CP Lesson 4 – Arrest and Seizure. Basic Definitions Arrest Elements Seizure Seizure and Use of Force Entrapment. 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.

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CP Lesson 4 – Arrest and Seizure

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  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)

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