Presentation on theme: "The Law of Arrest ACCG. Arrest Restriction of Movement & Liberty. Arrest is a Seizure. Serious Personal Intrusion Normally Probable Cause is needed for."— Presentation transcript:
The Law of Arrest ACCG
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?
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?
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.
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.
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 officer’s show of force. Subject must not be free to leave the scene.
Detention & Timing Officer may restrict subject’s movement for a reasonable amount of time. What’s reasonable? Depends on the situation and where the arrest is effected.
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?
What’s Reasonable? During a vehicle stop? At an Airport? In a Subject’s Home? At The Border? In a Police Station? In the field? With a grand jury Subpoena?
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.
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?
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?
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?
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.
Aguilar-Spinelli Cont. Test not applied as judiciously to eyewitnesses. Relaxed even further with police to police contact. First Hand Knowledge of Officer
Does It Matter Where The Arrest Takes Place?
Arrest in a Person’s Home Must have an arrest warrant. Knock & Announce Rule Arrests in a Home Owned by a Third Party. The Home is a Sanctuary.
Does The Exclusionary Rule Apply to Arrests?
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.
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?
General Rule If the arrest is illegal, then the evidence taken from the arrest is suppressed.
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?
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.
Scenario #7 Police arrest Dirk Dastardly at Muttley Dog’s House. Police do an illegal search and recover stolen paintings from Muttley’s home. Later forensic tests find Muttley’s & Datardly’s fingerprints on the stolen art. Should this evidence be suppressed?
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.
Scenario #8 Police pull over Speed Demon on I-75. When asking for identification, the officer detects the odor of marijuana. The officer searches Demon’s automobile and finds marijuana. Demon is arrested. Should the marijuana be suppressed?
Senses Senses are allowed to be used for probable cause. Overhear conversation. See suspicious activity. Smell marijuana.
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?
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.
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 bank’s wrappers sitting on the coffee table in plain view. Is this evidence suppressed?
Scenario #11 Police are pursuing Road Runner. Runner jumps out of his car and runs into his house. Police break down Runner’s door and Runner gives up. Police search Runner’s house and find 6 kilos of cocaine in a locked basement. Should this evidence be suppressed?
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.
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?
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.
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 Starter’s clothes and chemical analysis detects substances consistent with fire accelerants. Should this evidence be suppressed?
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?
Scenario #14 Police have a valid arrest warrant for Slime Ball. Ball and another associate are charged with bomb-making. Police travel to Ball’s 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?
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.
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.
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.
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?