Upload
gerard-bishop
View
216
Download
1
Embed Size (px)
Citation preview
Chapter Six – Arrests, Use of Force, and Responses to Terrorism
Rolando V. del Carmen
Arrests, Use of Force, and Responses to Terrorism
The Broad Picture: Seizures of Persons– Seizure and the Fourth Amendment– Arrest is just one type of seizure
Arrests, Use of Force, and Responses to Terrorism
The Broad Picture: Seizures of Persons– Contacts which are not seizures
• General questions by police on the street to gather general information
• The police asking a driver to get out of a car after being stopped – Pennsylvania v. Mimms (1977)
• The police Asking questions of buss passengers that they are free to refuse to answer – Florida v. Bostick (1991)
• The police riding alongside a person “to see where he was going” – Michigan v. Chesternut (1988) and asking questions of witnesses to a crime
Arrests, Use of Force, and Responses to Terrorism The Top Ten Degrees of Intrusiveness
in Searches and Seizures of Persons– Surgery to remove a bullet from a suspect’s chest– Anal and cavity searches – Arrest– Removal of blood in a hospital– Stationhouse detention– Stop and frisk– Searches of a passenger’s belongings in motor vehicles– Immigration and border searches– Vehicle stops in general– Roadblocks to control the flow of illegal aliens
Arrests, Use of Force, and Responses to Terrorism
The Appropriate Test for Determining Seizure– Totality of the Circumstances
• Michigan v. Chesternut (1988)
– Reasonable Person • United States v. Mendenhall (1980)
Arrests, Use of Force, and Responses to Terrorism
Arrest Defined– The taking of a person into custody
against his or her will for the purpose of criminal prosecution or interrogation• Dunaway v. New York (1979)
Arrests, Use of Force, and Responses to Terrorism
Arrest Defined– Forced Detention and Arrest– The Length of Detention and Arrest
• United States v. Sharpe (1985)
Arrests, Use of Force, and Responses to Terrorism
The Elements of an Arrest– Seizure and Detention
• Actual Seizure• Constructive Seizure • California v. Hodari (1991)
– The Intention to Arrest• Berkemer v. McCarty (1984)
– Arrest Authority– Understanding by the Arrestee
Arrests, Use of Force, and Responses to Terrorism
Arrests with a Warrant– When a Warrant is Needed
• If the crime is not committed in the officers presence.
• If the crime is committed in a private residence.
• In home entries for minor offenses.
Arrests, Use of Force, and Responses to Terrorism
The Issuance of a Warrant– Complaint– Neutral and Detached Magistrate
• Connally v. Georgia (1977)• Lo-Ji Sales, Inc., v. New York (1979)• Coolidge v. New Hampshire (1971)
Arrests, Use of Force, and Responses to Terrorism
The Contents of a Warrant – “John Doe” Warrant
Arrests, Use of Force, and Responses to Terrorism
The Service of a Warrant – Service within a state – Service outside a state
• Hot pursuit exception
The Time of the Arrest The Possession and Expiration of a
Warrant
Arrests, Use of Force, and Responses to Terrorism
Legal Authorization Other Than an Arrest Warrant – Citation– Bench Warrant– Capias
Arrests, Use of Force, and Responses to Terrorism
Arrests without a Warrant – Felonies Committed in the Presence
of Officers• Sight• Hearing • Smell • Touch • Taste
Arrests, Use of Force, and Responses to Terrorism
Arrests without a Warrant – Misdemeanors Committed in the
Presence of Officers– Crimes Committed in Public Places
Arrests, Use of Force, and Responses to Terrorism
When Exigent (Emergency) Circumstances are Present – Possibility of Disappearance– Hot Pursuit
When There is Danger to the Arresting Officer
Arrests, Use of Force, and Responses to Terrorism
What the Police May Do After an Arrest– Search the Arrestee
• United States v. Robinson (1973)
– Search the Area of Immediate Control• Chimel v. California (1969)
Arrests, Use of Force, and Responses to Terrorism
What the Police May Do After an Arrest– Search the Motor Vehicle Even If the Initial
Contact and Arrest of the Driver Took Place Outside the Vehicle
• Search the Passenger Compartment of a Motor Vehicle
– New York v. Belton (1981)
• Use Handcuffs Subject to Department Policy• Monitor the Movement of the Arrestee• Search the Arrestee at the Place of Detention
– Washington v. Chrisman (1982)
Arrests, Use of Force, and Responses to Terrorism
What the Police May Do After an Arrest– When Exigent (Emergency)
Circumstances are Present • Possibility of Disappearance• Hot Pursuit
Arrests, Use of Force, and Responses to Terrorism
What the Police Cannot Do During an Arrest– Enter Third Party Residences, Except
in Exigent Circumstances• Steagald v. United States (1981)• Minnesota v. Olson (1990)
– Strip or Cavity Search an Arrestee Unless Justified by Reasonable Suspicion• Kennedy v. Los Angeles Police
Department (9th Cir. 1989)
Arrests, Use of Force, and Responses to Terrorism
What the Police Cannot Do During an Arrest– Conduct a Warrantless Protective
Sweep Unless Justified • Maryland v. Buie (1990)
– Invite the Media to “Ride Along”• Wilson v. Layne (1999)
Arrests, Use of Force, and Responses to Terrorism
The Announcement Requirement– The General Rule: Knock and
Announce Required• Wilson v. Arkansas (1995)
– The Exceptions and Other Rules– Blanket Exceptions Unconstitutional– The Knock and Announce Requirement
and Property Damage by the Police
Arrests, Use of Force, and Responses to Terrorism
Other Arrest Issues – Detaining a Suspect While Obtaining a Warrant
• Illinois v. McArthur (2001)
– Arrests for Traffic Violations or Petty Offenses• Atwater v. City of Lago Vista (2000)
– Arrests for Offenses Not Punishable by Prison or Jail Time
– The Validity of a Citizen’s Arrest
Arrests, Use of Force, and Responses to Terrorism
The Disposition of Prisoners After Arrest– Booking – The First Appearance before a
Magistrate• County of Riverside v. McLaughlin (1991)• Powell v. Nevada (1992)
– Bail
Arrests, Use of Force, and Responses to Terrorism
The Use of Force During Arrest– The Factors Governing Police Use of
Force– Nondeadly and Deadly force
Distinguished– The Rule on the Use of Nondeadly
Force – The Rule on the Use of Deadly Force
• Felony Cases• Misdemeanor
Arrests, Use of Force, and Responses to Terrorism
Responses to Terrorism– The USA Patriot Act of 2001– The USA Patriot Act of 2006– The Law Creating the Department of Homeland
Security – The INS Registration Program for Foreigners– Legal Issues Arising from Responses to
Terrorism • Hamdi v. Rumsfeld (2004)• Rasul v. Bush (2004)