D. Detention & Warrantless Arrest

Question 1

What is required for Arrest of crime (felony/misdemeanour) with NO warrant?*

Answer 1

1) Reasonable suspicion to believe D committed crime!!!

2) Whether or NOT in D’s presence

Question 2

How may propriety of encounters initiated by police officers be evaluated?*

Answer 2

Request for information from D

• Objective/Credible reason required (NOT necessarily indicative of criminality)
• Officer’s conduct must NOT be arbitrary/capricious/predicated on curiosity or whim
• Brief questioning (NOT accusatory)

Right to inquire D

• Founded suspicion of afoot criminality required
• Accusatory/Invasive questioning
• Ask + search items in D’s bag/knapsack/container

Stop + Detain D
- Reasonable suspicion required (D has committed/is committing/will commit crime)

Stop + Frisk D
- Reasonable suspicion required (D is in danger of physical injury)

Question 3

What is required for unlawful seizures?*

Answer 3

1) Whether reasonable person would believe under the circumstances
2) Officer’s conduct was ‘significant limitation’ on D’s freedom

NO physical force/authority required (unlike Federal law)

Question 4

What type of warrantless seizures of contraband detected during Terry Frisk are NOT permitted?

Answer 4

Officer believes he feels vials for packaging controlled substances in D’s pocket

Officer believes he feels gun’s butt and trigger guard inside bag of a detained runaway D

Officer believes he feels hard objects inside brown bag during warrantless search