Ch. 5 Seizure of Persons: Arrest (Midterm)

Question 1

This occurs when a person is officially taken into custody and held to answer criminal charges.

Answer 1

What is a custodial arrest?

Question 2

What are the 4 major differences between stops and arrests?

Answer 2

1) Duration
2) Location
3) Record (arrests only)
4) Invasiveness

Question 3

Are stops added to your criminal record?

Answer 3

NO

Question 4

What is the objective basis of an arrest?

Answer 4

Probable cause

Question 5

Why do arrests require a greater objective basis (i.e. probable cause) than stops?

Answer 5

Arrests are much more invasive 4th Amendment seizures than stops

Question 6

What is the difference between stops and arrests in terms of duration?

Answer 6

Stops - a couple of minutes

Arrests - hours to a few days

Question 7

What is the difference between stops and arrests in terms of location?

Answer 7

Stops - suspect is seized at or near the location of the stop

Arrests - suspect taken to police station

Question 8

What is the difference between stops and arrests in terms of invasiveness?

CONTEXT: What exactly are you doing for a stop & an arrest?

Answer 8

Stops - show ID & explain your whereabouts

Arrests - getting booked, fingerprinted, photographed, etc.

Question 9

Just to make sure, what is the objective basis of a stop?

Answer 9

Reasonable suspicion

Question 10

What are the 2 elements of a reasonable arrest?

Answer 10

1) Objective basis (probable cause)
2) Manner of arrest

Question 11

What does manner of arrest refer to?

Answer 11

The way an arrest was made reasonable

Question 12

Rank probable cause, reasonable suspicion, & beyond a reasonable doubt in order from highest to lowest objective basis.

Answer 12

1) Beyond a Reasonable Doubt
2) Probable Cause
3) Reasonable Suspicion

Question 13

What is the relationship between crime and the person being arrested when establishing probable cause to arrest?

Answer 13

1) Crime has/is being/is about to be committed

2) Person arrested has committed/is committing/ is about to commit the crime

Question 14

What 2 elements are being balanced in probable cause?

Answer 14

1) Societal interest in crime control
2) Individual right of locomotion

Question 15

Probable cause deals with { } and { } considerations of everyday life.

Answer 15

1) Factual
2) Practical

Question 16

Does direct/first-hand information automatically make the case for probable cause? Why or why not?

Answer 16

No it doesn’t because the court looks for a totality of circumstances to build a case for probable cause

Question 17

This rule prohibits the admission of secondhand evidence (information) to prove guilt in court.

Answer 17

What is the hearsay rule?

Question 18

The exception to the hearsay rule states that secondhand information must be { } & { } to establish probable cause.

Answer 18

1) Reliable
2) Truthful

Question 19

In Draper v. U.S. (1959), the petitioner Draper was arrested for carrying 2 envelopes of heroin after a confidential informant gave a detailed description of Draper. Draper argued that hearsay is inadmissible in court. Why was his petition denied?

Answer 19

The confidential informant was previously reliable and gave an extremely accurate description of Draper’s character, so his arresting officer had probable cause to arrest him without a warrant

Question 20

What did Commonwealth v. Dunlap (2007) conclude about police training & experience being used to determine if probable cause for a warrantless arrest following a street corner transaction exists?

Answer 20

Training & experience are not enough to establish probable cause

Question 21

Circumstances requiring prompt action, eliminating the warrant requirement for a search.

Answer 21

What is exigency?

Question 22

Except in cases of { }, warrants are required to arrest someone in a home.

Answer 22

Exigency

Question 23

What are the 3 elements of an arrest warrant?

Answer 23

1) Neutral magistrate
2) Affidavit
3) Name of person to be arrested

Question 24

What exactly is an affidavit?

Answer 24

Written information sworn to under oath

Question 25

What do magistrates base their probable cause determinations on when issuing an arrest warrant?

Answer 25

The affidavit

Question 26

The 3rd element of an arrest warrant is the name of the person to be arrested. What is the name of this 3rd element?

Answer 26

Particularity Requirement

Question 27

What are the 3 types of exigent circumstances we come across while making arrests?

Answer 27

1) Hot pursuit
2) Imminent destruction of evidence
3) Imminent escape of suspect

Question 28

Warren v. Hayden (1967) & Colorado v. Mendez (1999) involved warrantless arrests in homes. Why did the courts find these arrests to be reasonable?

Answer 28

Exigent circumstances

Question 29

In Brigham City, UT v. Stuart, law enforcement officers responded to a loud house party call and saw a fight occurring inside the home. The officers saw a juvenile punch an adult in the face, causing him to spit blood, and they entered the house. Was the officers’ decision to enter the home without a warrant reasonable? Why or why not?

Answer 29

Yes, the officers’ decision was reasonable because they had an objectively reasonable basis to believe that someone was seriously injured or imminently threatened with injury

Question 30

What are the 2 types of force that may be employed for arrests?

Answer 30

1) Deadly
2) Non-deadly

Question 31

Are the majority of arrests made with deadly or non-deadly force?

Answer 31

TRICK QUESTION: the vast majority of arrests are made without any use of force

Question 32

In Tennessee v. Garner (1985), Memphis Police officer shot & killed 15-year-old Edward Garner when he fled from the scene of a suspected burglary. There was no sign of a weapon on Garner’s person. What was the outcome of this case?

Answer 32

Suspects posing no immediate threat to officers or others, no matter the harm resulting from failed apprehension, do not require deadly force, and there is no justification for it

Question 33

In Graham v. Connor (1989), petitioner Graham suffered multiple injuries, including a broken foot & bruised forehead, from 5 officers after getting seized during a diabetic episode. What standard did this case set forth?

Answer 33

Objective Standard of Reasonable Force

Question 34

In Estate of Ronald Armstrong v. Village of Pinehurst (2016), why was the taser used against him considered an unreasonable use of force?

Answer 34

A reasonable officer only deploys a taser in response to perceived imminent danger. Ronald Armstrong was wrapped around a stop sign post and unwilling to flee anywhere

Question 35

In addition to unreasonable tasing, what other unreasonable force did Estate of Ronald Armstrong v. Village of Pinehurst (2016) tackle?

Answer 35

Hog-tying

Question 36

Why is hog-tying of a person of apparent diminished capacity forbidden?

Answer 36

It can lead to suffocation

Question 37

In Kuha v. Minnetonka (2003), plaintiff Kuha inexplicably fled from a minor traffic stop in the early morning hours. Law enforcement employed a K9 trained to use the “bite & hold” technique. Kuha is bitten in the femoral artery and loses a lot of blood. Is law enforcement action reasonable? Why or why not?

Answer 37

Yes, law enforcement action was reasonable. “Bite & hold” is not excessive force since officers didn’t know why he fled from the traffic stop or if he was armed

Question 38

When charged with a misdemeanor, suspects are usually released and issued a…

Answer 38

Citation

Question 39

What did Atwater v. City of Lago Vista (2000) conclude for warrantless arrests for minor criminal offenses?

Answer 39

Warrantless arrests for minor criminal offenses are not forbidden by the 4th Amendment

Question 40

What was the minor criminal offense in question in Atwater v. City of Lago Vista?

Answer 40

Misdemeanor seatbelt violation