Explain the circumstances under which an arrest may be made.
Explain the circumstances under which an arrest may be made.
Solutions
Expert Solution
An arrest occurs when a person has been taken into police
custody and is no longer free to leave or move about. The use of
physical restraint or handcuffs is not necessary.
An arrest can be complete when a police officer simply tells a
crime suspect that he or she is "under arrest", and the suspect
submits without the officer's use of any physical force.
The key to an arrest is the exercise of police authority over a
person, and that person's voluntary or involuntary submission.
A police officer may usually arrest a person in the following
circumstances:
1.The Police Officer Personally Observes a Crime:-If a police
officer personally sees someone commit a crime, the officer may
arrest that individual.
For example:While on street patrol, a police officer sees a
purse snatching take place. The officer can apprehend and arrest
the purse-snatcher, based on the officer's personal observation of
a theft/larceny or robbery.
2.The Police Officer Has "Probable Cause" to Arrest:-When a
police officer has a reasonable belief, based on facts and
circumstances, that a person has committed or is about to commit a
crime, the officer may arrest that person. This belief, known as
"probable cause," may arise from any number of different facts and
circumstances.
For example:A police officer receives a report of an armed
robbery that has just occurred at a liquor store, then sees a man
who matches the suspect's exact description running down the street
near the store.
The officer detains and searches the man, finding a gun and a
large amount of cash in his pockets. The officer can arrest the
man, based on a probable cause belief that he committed a
robbery.
3.An Arrest Warrant Has Been Issued:-When a police officer has
obtained a valid warrant to arrest a person, the arrest is lawful.
An arrest warrant is a legal document issued by a judge or
magistrate, usually after a police officer has submitted a sworn
statement that sets out the basis for the arrest.
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Explain the difference between a stop and an arrest. Why might
states authorize probable cause arrests for certain unwitnessed
misdemeanors? How much force can be used by an officer when
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