Arrest and Detainment How do you know you’ve been arrested?

The 4 th Amendment  The right of the people to be secure in their persons, houses, papers, and effects,  against unreasonable searches and seizures, shall not be violated,  and no Warrants shall issue, but upon probable cause,  supported by Oath or affirmation,  and particularly describing the place to be searched, and the persons or things to be seized.

Illinois Constitution Article 1  SECTION 6. SEARCHES, SEIZURES, PRIVACY AND INTERCEPTIONS The people shall have the right to be secure in their persons, houses, papers and other possessions against unreasonable searches, seizures, invasions of privacy or interceptions of communications by eavesdropping devices or other means. No warrant shall issue without probable cause, supported by affidavit particularly describing the place to be searched and the persons or things to be seized.

What is a seizure?  Arrests and Detainments constitute a “Seizure” under the 4th Amendment  To be constitutional, a seizure must be reasonable under 4th Probable Cause  If Warrant or Consent: Seizure presumed reasonable

Warrantless Seizures  Arrest? only upon PC (probable cause)  Search? May search person incident to arrest  Detainment? upon RS (reasonable suspicion)  Search? May only conduct limited pat- down search if a justifiable belief that person may be armed and presently dangerous

“when a reasonable person would not feel free to leave” ArrestDetain

Presumed Reasonable Person’s Consent Warrant

Probable Cause Arrest Reasonable Suspicion Detain Temporarily Enough facts that a reasonable police officer would be strongly suspicious that a particular person committed a particular crime The officer knows several minor facts or a larger fact that points to a particular person engaging in some criminal activity.

_________________________________________________________________________________ No Hunch Suspicion Beyond a Info Reasonable Doubt Reasonable Suspicion Probable Cause Suspicious the person did it Fact pointing to particular crime Fact pointing to particular person Fact pointing to criminal activity

What Happens if the Seizure is “Unreasonable”?  Considered to be unconstitutional  May exclude evidence obtained (“Exclusionary Rule”)

Why does this matter?  The timeline Certain things can only happen prior to an arrest (investigation) Certain things can only happen after an arrest (interrogation)  If unconstitutional In the court room everything that happens after a constitutional violation would not be used in court

For Example  Eric and his three friends are pulled over by the police.  The police officer approaches the car and begins to ask Eric some questions.  The police officer pulls the occupants out of the car and handcuffs them.

Example Continued…  The officer asks Eric if she can search the car. Eric agrees.  The officer finds a small amount of narcotics in the back seat in close proximity to where Angela was seated.

Example Continued…  Eric is taken to the police station.  Angela is taken to the police station.  The police question Eric and Angela to determine who had possession of the illegal substance. Angela admits the narcotics belong to her.

Example Continued…  When was Eric arrested?  When was Angela arrested?  How do you know?

What to do if you are arrested?  Give officers your identification information.  Pay close attention to the procedure the officer is following and what information they are giving you.  Never resist an officer.  Call a trusted relative or friend and ask them to get an attorney.  Never talk to the police until your attorney is present.