NCJ Number
84284
Date Published
1981
Length
11 pages
Annotation
This discussion of arrest and procedure explains legal considerations involved in officer encounters with suspects and explores some of the constitutional ramifications of the conflict between the officer's right to arrest and the individual's right to privacy.
Abstract
Arrest is essentially the taking-in-custody of a person for the purpose of charging him/her with a crime. 'Seizure' is a broader term than 'arrest.' The seizure of a person occurs whenever a person is physically or constructively detained through a significant interruption of his/her liberty of movement as a result of police action. In Terry v. Ohio, the U.S. Supreme Court first acknowledged an exception to the requirement that the fourth amendment seizures must be based on probable cause. An officer confronted with facts that give rise to a reasonable suspicion that a person is committing, has committed, or is about to commit a crime may demand that person's name, address, and an explanation of suspicious conduct. Additional facts that cause the officer to reasonably believe a person is armed will allow a limited search of that person. In contrast to seizure, a traditional arrest involves taking the person into custody to begin processing for an alleged crime. Arrest must be supported by probable cause. If an investigator has good reason to stop and inquire of a person's conduct, the detention must be brief and a decision to arrest or allow the person to go free must be made. If the person is taken to the police station for some purpose, it will most likely be construed as an arrest and thus probable cause is required for the officer's action. Arrest and procedure with and without warrant are discussed.