The Law of Arrest

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The Law of Arrest

• ACCG

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Arrest

• Restriction of Movement Liberty.
• Arrest is a Seizure.
• Serious Personal Intrusion
• Normally Probable Cause is needed for an arrest
  absent an arrest warrant?
• Does all restriction of Movement equal an arrest?

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Scenario 1

• Officer see three suspicious males loitering in
  front of a convenience store.
• Further observations by the officer show the
  individuals appear to be very nervous.
• The officer approaches them and completely
  restricts their movement.
• After patdown searches, he finds weapons.
• Is this a lawful arrest?

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Terry v. Ohio

• Court ruled that all restriction of movement
  does not have to be considered an arrest.
• Officer needs only to have a reasonable suspicion.

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Arrest vs. Detention

• Probable Cause
• Reasonably believe crime has been committed.
• Suspect never has the freedom to leave.
• Can be based on Arrest Warrant

• Reasonable Suspicion
• Suspect that crime may be committed or fruits of
  crime are on person.
• After determination, suspect may be allowed to
  leave.
• Can be derivative of arrest warrant.

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What is an Arrest?

• Police must take a person into custody against
  their will for purposes of criminal prosecution
  or interrogation.
• Requires physical application of force or
  submission to an officers show of force.
• Subject must not be free to leave the scene.

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Detention Timing

• Officer may restrict subjects movement for a
  reasonable amount of time.
• Whats reasonable?
• Depends on the situation and where the arrest is
  effected.

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Scenario 2

• Police announce themselves and arrest Red Handed
  at the home of Fugitive Harborer.
• Harborer is not home at the time of arrest.
• Police see evidence of massive credit card fraud
  in plain view and seize the items.
• Police leave the home and station an officer
  outside while they get a search warrant.
• Harborer comes home but is not allowed in the
  house.
• Should the resulting search evidence be
  suppressed?

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Whats Reasonable?

• During a vehicle stop?
• At an Airport?
• In a Subjects Home?
• At The Border?
• In a Police Station?
• In the field?
• With a grand jury Subpoena?

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Probable Cause for an Arrest

• Can be established in many ways.
• Has to be there at the time of arrest.
• Has to be based on reasonable trustworthy
  information.
• Has to be sufficient to show suspect had
  committed or was committing an offense.
• Need not be first-hand knowledge.

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Scenario 3

• A lady stops an officer and tells him of an
  ongoing robbery. She describes the assailant as
  a white man with a Fu Manchu moustache.
• Officer proceeds towards the scene and detains a
  man with a Fu Manchu on eblock away from the
  scene.
• The man is detained for thirty minutes before
  positive ID is made.
• Is this a lawful arrest?

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Scenario 4

• An informant tells an officer of an investment
  fraud.
• No documentation to support the fraud.
• The informant just knows there is fraud being
  committed?
• At the scene, officers barge into the business
  and determine there is fraud.
• Is this a lawful arrest?

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Scenario 5

• An informant calls police and says a large
  quantity of drugs will be delivered via Greyhound
  the next day.
• The informant says a Hispanic wearing a green
  shirt and a Caucasian guy driving a yellow
  Cadillac will make the exchange.
• The next day, Police observe a Hispanic male
  wearing a green shirt drop a duffel bag into a
  yellow Cadillac driven by a white male.
• Both men are arrested. Is this lawful?

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Aguilar-Spinelli Test

• 2 prongs
• Deal w/ informants
• Must have sufficient basis of knowledge to
  demonstrate the reasonableness of the conclusion.
• Sufficient underlying circumstances establishing
  reliability.

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Aguilar-Spinelli Cont.

• Test not applied as judiciously to eyewitnesses.
• Relaxed even further with police to police
  contact.
• First Hand Knowledge of Officer

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Does It Matter Where The Arrest Takes Place?
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Arrest in a Persons Home

• Must have an arrest warrant.
• Knock Announce Rule
• Arrests in a Home Owned by a Third Party.
• The Home is a Sanctuary.

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Does The Exclusionary Rule Apply to Arrests?
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It Does Apply

• Arrests are seizures of a person.
• Fourth Amendment prohibits unreasonable searches
  and seizures.
• Seizure - exercise of control by the government
  over a person or thing.

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What are the Remedies for Illegal Arrests?

• Are the charges dropped?
• Is the evidence taken from the patdown search
  suppressed?
• Is evidence taken under the plain view doctrine
  suppressed?

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General Rule

• If the arrest is illegal, then the evidence taken
  from the arrest is suppressed.

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Scenario 6

• Informant provides location of a chop shop.
• Police do surveillance and see numerous cars
  being brought to the address.
• Police arrest one of the drivers when he leaves
  the house and they find a ton of marijuana.
• Later search reveals there is no chop shop.
• Should the marijuana be suppressed?

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Honest Mistakes

• Police need only have reasonable probable cause
  at the time of the arrest.
• If facts turn out to be different later, the
  evidence not suppressed as long as there was a
  reasonable belief.

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Scenario 7

• Police arrest Dirk Dastardly at Muttley Dogs
  House.
• Police do an illegal search and recover stolen
  paintings from Muttleys home.
• Later forensic tests find Muttleys Datardlys
  fingerprints on the stolen art.
• Should this evidence be suppressed?

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3rd Party Rights

• Dastardly has no standing because he is not the
  owner of the home.
• Dog has standing and would have those items
  suppressed.
• The harm is done to the owner of the home.

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Scenario 8

• Police pull over Speed Demon on I-75.
• When asking for identification, the officer
  detects the odor of marijuana.
• The officer searches Demons automobile and finds
  marijuana.
• Demon is arrested.
• Should the marijuana be suppressed?

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Senses

• Senses are allowed to be used for probable cause.
• Overhear conversation.
• See suspicious activity.
• Smell marijuana.

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Scenario 9

• Officers arrest I.M. Stupid in his home pursuant
  to an arrest warrant.
• During a patdown search, Officers take a glasses
  case and find a quantity of cocaine stashed in
  the case.
• Officers also find syringes in the desk drawer
  next to Stupid.
• Should these items be suppressed?

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Patdown Vicinity Searches

• Courts ruled that things on the person are
  accessible.
• Anything in the immediate area is fair to search
• Timing is very important.

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Scenario 10

• Crazy Lady robs a bank.
• The bank teller advises police that she saw Crazy
  Lady walk into the home across the street one
  minute ago.
• Police go in the home and arrest her.
• Police find cash with the banks wrappers sitting
  on the coffee table in plain view.
• Is this evidence suppressed?

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Scenario 11

• Police are pursuing Road Runner.
• Runner jumps out of his car and runs into his
  house.
• Police break down Runners door and Runner gives
  up.
• Police search Runners house and find 6 kilos of
  cocaine in a locked basement.
• Should this evidence be suppressed?

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Hot Pursuit

• Allows the arrest in a home without a warrant.
• Timing is crucial.
• The act of going into the home does not have to
  be witnessed by police.

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Scenario 12

• Police pull over Moe Larry after their vehicle
  matches the description of a stolen car.
• Police detain Moe Larry as they search the
  glove box of the car.
• Police find a stolen gun but the car is not
  stolen. Moe Larry are arrested.
• A later search of the trunk reveals more stolen
  guns.
• Which items should be suppressed?

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Automobile Searches

• Glove box is considered accessible.
• Inventory of car is appropriate procedure.
• Protects police from false claims.
• Trunk is not accessible under normal
  circumstances.

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Scenario 13

• Police effect a valid arrest of Fire Starter late
  in the night at a public park.
• Police do a patdown search and find nothing of
  value.
• Later that morning, police seize Starters
  clothes and chemical analysis detects substances
  consistent with fire accelerants.
• Should this evidence be suppressed?

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When to Seize

• Was the arrest lawful?
• Is it a proper seizure?
• Is this a timely seizure?
• Is there probable cause to believe the items
  seized are evidence of a crime?

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Scenario 14

• Police have a valid arrest warrant for Slime
  Ball. Ball and another associate are charged
  with bomb-making.
• Police travel to Balls home and announce
  themselves.
• No one comes to the door but police hear
  shredding.
• Police go inside and arrest Ball. Police also
  find bomb making materials in a back bedroom
  closet.
• Is this evidence admissible?

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Exigent Circumstances

• Fear of a party being injured or the possibility
  of grave bodily harm.
• Fear of the potential destruction of evidence.
• Must be able to articulate.

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The Protective Sweep Issue

• Officers protection is paramount.
• Courts grant great leeway to officers for their
  protection.
• Officers are allowed to protect themselves at
  almost any cost.

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Review

• An illegal arrest on its own has little if any
  impact on any subsequent prosecution.
• Arrest is a restriction of liberty.
• Arrests are based on probable cause.

• Searches incident to arrest are dependent upon a
  lawful arrest and must be timely.
• Searches are limited by where the suspect is
  arrested.
• There are warrantless search exceptions.

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Road Runner

• What if Road Runner had an associate?
• What if the evidence had been in a locked closet
  in the home?
• What if the evidence had been in a dresser
  drawer?
• What if it was on the coffee table?