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ARRESTS
- Deprivation of freedom by a legal authority
- Terry seizure: person has reasonable belief that they are not free to leave
o Must be short as possible and limitedly intrusive
o Anything more is an arrest
The Warrant Preference
- Probable cause will be supported on appeal of a warrantless arrest
- To arrest in a public place: officer must have probable cause to believe that a crime was
committed and the person arrested committed the crime
o Usually must be a felony, states differ on treatment of misdemeanors
Misdemeanors usually need warrant unless committed in presence of
officer
Arrests in Protected Areas
- Warrant required
- Limited right to enter suspects home, with reason to believe suspect is within
- Dont authorize entry into property of a third person
o Search warrant would be required as well
Search Incident to Arrest and the Protective Sweep
- Arrestee and area within arrestees immediate control may be searched
- Limited to areas where a weapon might be obtained
- Protective sweep not allowed unless there is belief that other dangerous persons are
hiding in home
o Limited to areas where a person could be hiding
Executing Arrest Warrants
- Can be executed at any time, but usually at reasonable hour
- Must knock and announce presence except when:
o Safety of police or others will be endangered w/announcement
o Announcement will allow those inside to destroy evidence or escape
o Occupants know the purpose of the officers
Illegal Arrests
- Doesnt affect right to trial, except if government conduct is outrageous, shocking, and
gross
- Evidence obtained thru a search incident with an illegal arrest is inadmissible