The Law of Arrest ACCG Arrest Restriction of

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 • Reasonable Suspicion • Reasonably believe • Suspect that crime has been may be committed or committed. fruits of crime are on person. • Suspect never has the freedom to leave. • After determination, suspect may be • Can be based on Arrest allowed to leave. Warrant • 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?

3 rd 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 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?