Arrests
Arrests refer to the legal process of taking an individual into custody by law enforcement authorities. This action is typically carried out when there is probable cause to believe that the person has committed a crime. Arrests are a fundamental aspect of law enforcement and are governed by specific legal procedures to protect the rights of the individual being arrested.
8 Key excerpts on "Arrests"
eBook - ePubLegal Guide for Police
Constitutional Issues
- Jeffery T. Walker, Craig Hemmens(Authors)
- 2019(Publication Date)
- Routledge(Publisher)
...Some of the more common definitions include the following: The term “arrest” has a technical meaning, applicable in legal proceedings. It implies that a person is thereby restrained of his liberty by some officer or agency of the law, armed with lawful process, authorizing and requiring the arrest to be made. It is intended to serve, and does serve, the end of bringing the person arrested personally within the custody and control of the law, for the purpose specified in, or contemplated by the process. 9 An arrest is the taking, seizing, or detaining of the person of another, (1) by touching or putting hands on him; or (2) by any act that indicates an intention to take him into custody and that subjects him to the actual control and will of the person making the arrest; or (3) by the consent of the person to be arrested. 10 An arrest of a person carries with it an element of detention, custody, or control of the accused, and the mere fact that an officer makes the statement to an accused that he is under arrest does not complete that arrest; there must be custody or detention and submission to such arrest. 11 A person is under “arrest” if he is not free to leave and a reasonable person in his position would not think that the detention was temporary. 12 None of these definitions is entirely satisfactory. Arrest is a term that eludes precise definition. It is a legal conclusion used to describe a complex series of events that has taken place. In a 1989 civil rights case, the U.S. Supreme Court was called on to determine when a Fourth Amendment “seizure” occurs. 13 In Brower v. County of Inyo, a civil rights action was brought, alleging that police officers, acting under color of state law, violated the rights of a driver who was killed when the stolen vehicle that he was driving at high speed to elude police crashed into a police roadblock...
eBook - ePub- Stacy Moak, Ronald Carlson(Authors)
- 2014(Publication Date)
- Routledge(Publisher)
...An arrest warrant must be supported by oath or affidavit, which details the probable cause upon which it was issued, and it must particularly describe the person to be arrested. In Arrests without a warrant, the police make the determination of probable cause and have to be able to articulate it at a later point to justify the arrest. If the arrest is deemed to be unlawful, a person's constitutional rights are violated and the police can be held accountable legally. An arrest is defined as the taking of a person into custody against his or her will for the purpose of criminal prosecution or interrogation. a A seizure of a person only occurs if the person actually submits to the show of authority by the police and his or her movement is restrained. b Thus, if police command a person to stop, but that person continues to flee, no arrest has been made. Arrests are different from other types of stops made by the police. Arrests are longer in duration and allow the police more breadth in subsequent actions. For example, on the basis of a lawful arrest, an officer can conduct a full search of the person and the area within that person's immediate control. For other stops, officers can only conduct a brief, pat-down search that is investigatory in nature and intended for officer safety. Additionally, Arrests usually involve a change in location from the point of contact to a subsequent place. Other stops are usually conducted at the point of contact and no change of location occurs. 3.2 General Elements of Arrests An arrest has four elements: (1) arrest authority, (2) intention to arrest, (3) seizure and detention, and (4) understanding by the person arrested. The seizure referred to in the requirements for Arrests can be actual or constructive. In the case of actual seizure, the police touch defendants in some way, usually by placing their hands on them to physically stop them...
eBook - ePub- Leonard Jason-Lloyd(Author)
- 2013(Publication Date)
- Routledge-Cavendish(Publisher)
...CHAPTER 3 POLICE POWERS OF ARREST DEFINITION OF ‘ARREST’ One of the most popularised conceptions of an arrest is the scenario whereby a police officer takes a suspect by the arm who is then led to a waiting police car having first been cautioned. In the American style, one would expect the suspect to be ‘read his rights’ whilst being handcuffed. These Arrests usually occur in the street or other public places, or even in private property, but this is not the only situation under which a person may be arrested. A person may already be at a police station voluntarily, in order to ‘assist the police with their enquiries’, but could later be arrested. Under what other circumstances can a person be arrested? What powers are available to the police? What are the correct arrest procedures? To what extent may ordinary citizens make Arrests? These, among other questions, will be discussed throughout this chapter, but first it is necessary to define the word ‘arrest’. An arrest may be defined as the lawful deprivation of a citizen's liberty, using whatever degree of lawful force is reasonably necessary and proportionate, in order to assist in the investigation and prevention of crime, to ensure that a citizen is brought before a court or to preserve a person's safety or others or their property. From this definition, an insight may already be gained regarding the complexity of this subject...
eBook - ePubThe Law Officer's Pocket Manual
2022 Edition
- John G. Miles Jr., David B. Richardson, Anthony E. Scudellari(Authors)
- 2022(Publication Date)
- Routledge(Publisher)
...IV. ARREST DOI: 10.4324/9781003271567-4 Arrest is the first formal police procedure in a criminal prosecution. A. When an Arrest Takes Place You have made an arrest as soon as you indicate by word or action your intention to take a person to the police station or before a judicial officer, or otherwise to take the person into custody. Picking up a suspect for questioning is an “arrest” even though you do not tell the suspect that he is under arrest or has to go with you, and even though you intend to let the suspect go if the interrogation proves fruitless. On the other hand, if you merely invite a suspect by phone to come in and talk with you, and do not bolster your invitation with any show of authority, it is not an arrest. The mere questioning of a witness who is not in custody is not an arrest of that witness. A motorist stopped for a driver’s license or car registration check or for a traffic violation is not, at that point, under arrest. You have not made an arrest if you briefly detain a person whom you suspect of criminal involvement and simply want to question for a moment (see Chapter II for the rules that apply to temporary detentions). Once you arrest a suspect, you may keep the suspect under constant and close surveillance, as your judgment dictates, until the suspect has been safely transported to the police station or other holding facility. For example, you arrest a university student on campus. He asks to be allowed to go to his dormitory room to secure his identification. You agree, but tell him you will have to go along. At the room, you stand in the doorway but, after less than a minute, see what appears to be marijuana debris and paraphernalia on a desk inside. You may enter the room and make a “plain view” seizure (see 5:7) of the contraband. You could have entered the room along with the student, and you did not lose this right by delaying your entry. B...
eBook - ePubThe Law Officer's Pocket Manual
2021 Edition
- John G. Miles Jr., David B. Richardson, Anthony E. Scudellari(Authors)
- 2021(Publication Date)
- Routledge(Publisher)
...IV. ARREST Arrest is the first formal police procedure in a criminal prosecution. A. When an Arrest Takes Place You have made an arrest as soon as you indicate by word or action your intention to take a person to the police station or before a judicial officer, or otherwise to take the person into custody. Picking up a suspect for questioning is an “arrest” even though you do not tell the suspect that he is under arrest or has to go with you, and even though you intend to let the suspect go if the interrogation proves fruitless. On the other hand, if you merely invite a suspect by phone to come in and talk with you, and do not bolster your invitation with any show of authority, it is not an arrest. The mere questioning of a witness who is not in custody is not an arrest of that witness. A motorist stopped for a driver’s license or car registration check or for a traffic violation is not, at that point, under arrest. You have not made an arrest if you briefly detain a person whom you suspect of criminal involvement and simply want to question for a moment (see Chapter II for the rules that apply to temporary detentions). Once you arrest a suspect, you may keep the suspect under constant and close surveillance, as your judgment dictates, until the suspect has been safely transported to the police station or other holding facility. For example, you arrest a university student on campus. He asks to be allowed to go to his dormitory room to secure his identification. You agree, but tell him you will have to go along. At the room, you stand in the doorway but, after less than a minute, see what appears to be marijuana debris and paraphernalia on a desk inside. You may enter the room and make a “plain view” seizure (see page 5:7) of the contraband. You could have entered the room along with the student, and you did not lose this right by delaying your entry. B...
eBook - ePubCriminal Procedure
Theory and Practice
- Jefferson L. Ingram(Author)
- 2022(Publication Date)
- Routledge(Publisher)
...Probable Cause Arrests: The Legal Standard Within the American system of criminal justice, an arrest occurs when a law enforcement officer obtains dominion and control over a subject’s person. The United States Supreme Court has noted that a police officer has legal justification to arrest when the officer, “if, under the totality of the circumstances, he[she] learned of facts and circumstances through reasonably trustworthy information that would lead a reasonable person to believe that an offense has been or is being committed by the person arrested.” 1 If informed of an officer’s attention to arrest an individual, that subject may submit to the officer’s control, and an arrest has occurred. In some situations, the subject is not interested in complying with the officer’s command or instruction and may resist or flee. At that point, the subject is not under arrest because the officer has no control over the individual; an arrest requires submission to authority or application of physical force to ensure compliance. 2 A brief seizure under the Terry v. Ohio standard for a stop and frisk situation does not constitute an arrest, although a limited seizure has occurred on a standard lower than probable cause to arrest. Under the Terry standard, when the officer’s reasonable suspicion has been satisfied, the encounter must end and the detainee be allowed to continue with the prior course of conduct unencumbered by any law enforcement control. However, if evidence unearthed during a Terry stop and frisk reveals facts that rise to the level of probable cause for an arrest, the officer may effectuate the arrest or make some other disposition of the subject. In Beck v...
eBook - ePubBerlingieri on Arrest of Ships Volume II
A Commentary on the 1999 Arrest Convention
- Francesco Berlingieri(Author)
- 2016(Publication Date)
- Informa Law from Routledge(Publisher)
...Chapter 4 Definitions of arrest, person, claimant and court Definition of arrest Article 1(2) “Arrest” means any detention or restriction on removal of a ship by order of a court to secure a maritime claim but does not include the seizure of a ship in execution or satisfaction of a judgment or other enforceable instrument Analysis of the definition 4.01 In the Lisbon Draft the definition of arrest was more articulated. Article 1(2) of such Draft provided, in fact, as follows: 2. “Arrest” means any detention, or restriction on removal, of a ship by order of a court to secure a maritime claim when at the time of such detention or restriction that ship is physically within the jurisdiction of the State where the order has been made. “Arrest” includes “attachment” or other conservatory measures, but does not include measures taken in execution or satisfaction of an enforceable judgment or arbitral award. 1 4.02 In the Report of the CMI the following explanations were given on the changes of the text as respects the definition adopted in the 1952 Convention: The 1952 Convention only spoke of detention of a ship. The new draft also mentions restriction on removal. It had been argued that such restriction if not combined with physical detention was not covered by the concept of arrest in the 1952 Convention. Reference was made to the Mareva injunction in English law and similar injunctions in the law of other countries. A majority of the delegations participating in the Conference found that for the purpose of the Convention no distinction should be made between cases where a ship was detained by physical possession and where the ship was simply prevented from sailing by order of a court. It was, however, felt that there might be a need to point out that where an order is not especially directed to a ship but affects the totality of a debtor’s assets and only incidentally a ship amongst them, then the Convention shall not apply...
eBook - ePubBerlingieri on Arrest of Ships Volume I
A Commentary on the 1952 Arrest Convention
- Francesco Berlingieri(Author)
- 2016(Publication Date)
- Informa Law from Routledge(Publisher)
...They are both qualified protective measures and reference to them will be made hereafter as “arrest”. The general definition of arrest found in the Code of Civil Procedure does not apply to ships, in respect of which reference must instead be made to article 682 of the Navigation Code, pursuant to which the order of arrest of both the “sequestro conservativo” and the “sequestro giudiziario” must contain: (1) the prohibition to the owner to dispose of the ship or of shares in the ship without an order of the court, (2) the order to the master not to sail or if the ship in the course of navigation not to sail from its next port of call and (3) the description (name, tonnage and port of registration) of the ship. The basic effect of the arrest is, therefore, as in France, that of immobilising the ship, but in addition it affects the right of the owner to dispose of his property, because he may sell the ship only subject to the claim of the arrestor. But since that does not entail any right of the claimant to obtain its judicial sale, the Italian arrest does not go beyond the definition of arrest in article 1(2) of the Convention. Nigeria 4.25 There is no express definition of arrest in the Admiralty Jurisdiction Act. Arrest is mentioned in connection with an action in rem that is brought to enforce a maritime claim. The notion of arrest is, however, wider than under the 1952 Convention, since there are included amongst the “proprietary claims”, actions brought for the satisfaction or enforcement of a judgment and, amongst the “general maritime claims”, actions brought for the enforcement of an arbitral award. Norway 4.26 Although in the Maritime Code there is no express definition of arrest, the principle that arrest must involve the detention of the ship is clearly stated in section 95 of the Maritime Code, which provides that the ship “must not leave its berth until a forced sale has been completed or the ship commences operation under the orders of the Court”...
