{"id":14523,"date":"2018-02-23T00:05:15","date_gmt":"2018-02-23T00:05:15","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=14523"},"modified":"2018-02-25T16:42:35","modified_gmt":"2018-02-25T16:42:35","slug":"i-the-arrest","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=14523","title":{"rendered":"i. The Arrest – lawful or unlawful?"},"content":{"rendered":"

\u00a0\u00a0\u00a0\u00a0 This page is continued from Criminal Proceedings<\/a> >>>> 1. The Arrest, Search and Seizure, and Booking<\/a>:<\/span>
\n<\/strong><\/span><\/p>\n

********************<\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 A police officer may arrest a person if<\/strong><\/span><\/p>\n

(1) the officer observes the person committing a crime;<\/span>
\n (2) the officer ha<\/span>s probable cause<\/a> to believe that a crime has been committed by that person; or<\/span>
\n (3) the officer makes the arrest under the authority of a valid<\/span> arrest warrant<\/a> (a “<\/span>warranted arrest<\/a>“).<\/span><\/strong> [1]<\/span><\/span><\/p>\n

\u00a0arrest<\/span>:<\/span><\/strong><\/span>
\n n<\/em>. (14c)<\/span><\/p>\n

1. A seizure or forcible restraint, especially by legal authority.<\/strong><\/span><\/p>\n

2. The taking or keeping of a person in custody by legal authority, especially in response to a criminal charge; specifically, the apprehension of someone for the purpose of securing the administration of the law, especially of bringing that person before a court.<\/strong> \u2014 arrest<\/strong><\/em><\/span>, vb<\/em>. [2]<\/span><\/p>\n

1. The taking, seizing or detaining oi\u2018 the person of another, accomplished by <\/strong><\/span><\/p>\n

(1) touching or putting hands on the person to be detained;<\/strong><\/span>
\n (2) or by any act that indicates an intention to take him into custody and that subjects him to the actual control and will of the person making the arrest; or<\/strong><\/span>
\n (3) by the consent of the person to be arrested. 5 Am J2d Arr \u00a7 1<\/span><\/strong>.<\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 In military law, the detention of a member of the armed forces resulting from the preferring of charges and the convening of a court-martial. <\/strong>United States v Smith<\/em>, 197 US 386, 49 L Ed 801, 25 S Ct 489<\/span>.<\/strong> [3]<\/span><\/p>\n

1. Detention of a person on a criminal charge.<\/strong><\/span><\/p>\n

2. Any detention of a person, with or without the intent to take him into custody.<\/strong> [4]<\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 Excerpt from Charles H. Whitebread’s<\/span> Criminal Procedure<\/em><\/a> (1980):<\/span><\/strong><\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0 “The question of what constitutes an arrest is a difficult one.\u00a0 On one end of the spectrum, it seems apparent that detention accompanied by handcuffing, drawn guns, or words to the effect that one is under arrest qualifies as an ‘arrest’ and thus requires probable cause.\u00a0 At the other end, a simple questioning on the street with often not rise to the level of an arrest.\u00a0 Somewhere in between lie investigative detentions at the stationhouse . . . .<\/span>\u201d<\/strong> [6]<\/span><\/p>\n

3.<\/strong> Maritime law<\/em>. The taking of a ship and sometimes its cargo into custody by virtue of a court\u2019s warrant.<\/strong> [2]<\/span><\/p>\n

Related Terms, Doctrines, etc.:<\/strong><\/span><\/p>\n

arrestee <\/span>– The person in whose possession goods are held under an arrestment; a garnishee in Scotch law. <\/strong>[3]<\/span><\/p>\n

1. A person who has been arrested; a person who is under arrest<\/strong>. [4]<\/span><\/p>\n

arrestation<\/span> -. The act of arresting or of making an arrest.<\/strong> [2]<\/span><\/p>\n

de facto arrest<\/span> –<\/strong> (1966) Police custody in which the defendant does not feel free to leave, despite having been explicitly told that he or she may leave.<\/strong><\/span><\/p>\n

probable cause for arrest<\/span><\/a> – reasonable ground to suspect that a person has committed or is committing a crime or that a place contains specific items connected with a crime. <\/span><\/strong>\u2014 aka reasonable cause<\/strong><\/em><\/span>; sufficient cause<\/strong><\/em><\/span>; reasonable grounds<\/strong><\/em><\/span>; reasonable excuse<\/strong><\/em><\/span>.<\/span><\/span><\/p>\n

knock-and-announce rule<\/span><\/a> – officers must knock and announce their identity, authority, and purpose before entering a residence to execute an<\/span> arrest warrant<\/a> or search warrant. <\/span><\/strong>\u2014 aka knock-and-notice rule<\/em><\/strong><\/span>.<\/em><\/span><\/span><\/p>\n