Chapter Six – Arrests, Use of Force, and Responses to Terrorism

1. Chapter Six – Arrests, Use of Force, and Responses to Terrorism Rolando V. del Carmen

2. Arrests, Use of Force, and Responses to Terrorism • The Broad Picture: Seizures of Persons • Seizure and the Fourth Amendment • Arrest is just one type of seizure

3. Arrests, Use of Force, and Responses to Terrorism • The Broad Picture: Seizures of Persons • Contacts which are not seizures • General questions by police on the street to gather general information • The police asking a driver to get out of a car after being stopped – Pennsylvania v. Mimms (1977) • The police Asking questions of buss passengers that they are free to refuse to answer – Florida v. Bostick (1991) • The police riding alongside a person “to see where he was going” – Michigan v. Chesternut (1988) and asking questions of witnesses to a crime

4. Arrests, Use of Force, and Responses to Terrorism • The Top Ten Degrees of Intrusiveness in Searches and Seizures of Persons • Surgery to remove a bullet from a suspect’s chest • Anal and cavity searches • Arrest • Removal of blood in a hospital • Stationhouse detention • Stop and frisk • Searches of a passenger’s belongings in motor vehicles • Immigration and border searches • Vehicle stops in general • Roadblocks to control the flow of illegal aliens

5. Arrests, Use of Force, and Responses to Terrorism • The Appropriate Test for Determining Seizure • Totality of the Circumstances • Michigan v. Chesternut (1988) • Reasonable Person • United States v. Mendenhall (1980)

6. Arrests, Use of Force, and Responses to Terrorism • Arrest Defined • The taking of a person into custody against his or her will for the purpose of criminal prosecution or interrogation • Dunaway v. New York (1979)

7. Arrests, Use of Force, and Responses to Terrorism • Arrest Defined • Forced Detention and Arrest • The Length of Detention and Arrest • United States v. Sharpe(1985)

8. Arrests, Use of Force, and Responses to Terrorism • The Elements of an Arrest • Seizure and Detention • Actual Seizure • Constructive Seizure • California v. Hodari (1991) • The Intention to Arrest • Berkemer v. McCarty (1984) • Arrest Authority • Understanding by the Arrestee

9. Arrests, Use of Force, and Responses to Terrorism • Arrests with a Warrant • When a Warrant is Needed • If the crime is not committed in the officers presence. • If the crime is committed in a private residence. • In home entries for minor offenses.

10. Arrests, Use of Force, and Responses to Terrorism • The Issuance of a Warrant • Complaint • Neutral and Detached Magistrate • Connally v. Georgia (1977) • Lo-Ji Sales, Inc., v. New York (1979) • Coolidge v. New Hampshire (1971)

11. Arrests, Use of Force, and Responses to Terrorism • The Contents of a Warrant • “John Doe” Warrant

12. Arrests, Use of Force, and Responses to Terrorism • The Service of a Warrant • Service within a state • Service outside a state • Hot pursuit exception • The Time of the Arrest • The Possession and Expiration of a Warrant

13. Arrests, Use of Force, and Responses to Terrorism • Legal Authorization Other Than an Arrest Warrant • Citation • Bench Warrant • Capias

14. Arrests, Use of Force, and Responses to Terrorism • Arrests without a Warrant • Felonies Committed in the Presence of Officers • Sight • Hearing • Smell • Touch • Taste

15. Arrests, Use of Force, and Responses to Terrorism • Arrests without a Warrant • Misdemeanors Committed in the Presence of Officers • Crimes Committed in Public Places

16. Arrests, Use of Force, and Responses to Terrorism • When Exigent (Emergency) Circumstances are Present • Possibility of Disappearance • Hot Pursuit • When There is Danger to the Arresting Officer

17. Arrests, Use of Force, and Responses to Terrorism • What the Police May Do After an Arrest • Search the Arrestee • United States v. Robinson (1973) • Search the Area of Immediate Control • Chimel v. California (1969)

18. Arrests, Use of Force, and Responses to Terrorism • What the Police May Do After an Arrest • Search the Motor Vehicle Even If the Initial Contact and Arrest of the Driver Took Place Outside the Vehicle • Search the Passenger Compartment of a Motor Vehicle • New York v. Belton (1981) • Use Handcuffs Subject to Department Policy • Monitor the Movement of the Arrestee • Search the Arrestee at the Place of Detention • Washington v. Chrisman (1982)

19. Arrests, Use of Force, and Responses to Terrorism • What the Police May Do After an Arrest • When Exigent (Emergency) Circumstances are Present • Possibility of Disappearance • Hot Pursuit

20. Arrests, Use of Force, and Responses to Terrorism • What the Police Cannot Do During an Arrest • Enter Third Party Residences, Except in Exigent Circumstances • Steagald v. United States (1981) • Minnesota v. Olson (1990) • Strip or Cavity Search an Arrestee Unless Justified by Reasonable Suspicion • Kennedy v. Los Angeles Police Department (9th Cir. 1989)

21. Arrests, Use of Force, and Responses to Terrorism • What the Police Cannot Do During an Arrest • Conduct a Warrantless Protective Sweep Unless Justified • Maryland v. Buie (1990) • Invite the Media to “Ride Along” • Wilson v. Layne (1999)

22. Arrests, Use of Force, and Responses to Terrorism • The Announcement Requirement • The General Rule: Knock and Announce Required • Wilson v. Arkansas (1995) • The Exceptions and Other Rules • Blanket Exceptions Unconstitutional • The Knock and Announce Requirement and Property Damage by the Police

23. Arrests, Use of Force, and Responses to Terrorism • Other Arrest Issues • Detaining a Suspect While Obtaining a Warrant • Illinois v. McArthur (2001) • Arrests for Traffic Violations or Petty Offenses • Atwater v. City of Lago Vista (2000) • Arrests for Offenses Not Punishable by Prison or Jail Time • The Validity of a Citizen’s Arrest

24. Arrests, Use of Force, and Responses to Terrorism • The Disposition of Prisoners After Arrest • Booking • The First Appearance before a Magistrate • County of Riverside v. McLaughlin (1991) • Powell v. Nevada (1992) • Bail

25. Arrests, Use of Force, and Responses to Terrorism • The Use of Force During Arrest • The Factors Governing Police Use of Force • Nondeadly and Deadly force Distinguished • The Rule on the Use of Nondeadly Force • The Rule on the Use of Deadly Force • Felony Cases • Misdemeanor

26. Arrests, Use of Force, and Responses to Terrorism • Responses to Terrorism • The USA Patriot Act of 2001 • The USA Patriot Act of 2006 • The Law Creating the Department of Homeland Security • The INS Registration Program for Foreigners • Legal Issues Arising from Responses to Terrorism • Hamdi v. Rumsfeld (2004) • Rasul v. Bush (2004)