Arrest Takes place when a person suspected of a crime is taken into custody. A person can be taken into custody one of two ways: - With an arrest warrant issued by a judge - Probable Cause Some one who is taken into custody under circumstances when a reasonable person would not feel free to leave is considered under arrest regardless if he/she has been told that they are under arrest.

Arrest Arrest Warrant Court order demanding that the person named in it be taken into custody. Obtained by filing a complaint with a judge or magistrate Can be filed by police officers, witness or victim Person filing the complaint must swear to the facts and circumstances If judge finds probable cause, warrant is issued

Arrest Probable Cause Having a reasonable belief that a specific person committed a crime Allows police to make warrantless arrest in public Police are allowed a great deal of discretion Can not be based solely on a “hunch” or suspicion, some facts must be present

Arrest Reasonable Suspicion Evidence that justifies an officer in stopping and questioning an individual. Based on less evidence than probable cause Police are allowed a great deal of discretion Can not be based solely on a “hunch” or suspicion, some facts must be present

Arrest Stop and Frisk To pat down or search the outer clothing of someone the police believes is acting suspiciously.

Arrest Most common form of arrest is a traffic stop Supreme Court has ruled that all passengers can be ordered out of vehicle during a lawful stop.

False Arrest Committed by the Police To be guilty of false arrest, the police must act without authority, or beyond the scope of their powers. A police officer arrests someone because that person insulted the officer or did something the officer didn’t like. Insulting an officer is not a crime, and unless that officer has another reason to make an arrest, he is acting illegally. It’s possible, though unlikely, that a prosecutor could charge the officer with false arrest.

False Arrests and Bad Arrests: A Big Difference Example Imagine someone whom the police arrest based on another person’s sworn statement. The evidence later shows the sworn statement was a lie. However, as long as a judge found the statement reasonable at the time and issued a warrant based on it, the police acted properly in making the arrest. In this situation there is no case of false arrest against the police because they have the authority to arrest those they reasonably suspect of having committed a crime.

False Arrests and Bad Arrests: A Big Difference In the example, the police arrested a person on a warrant issued as a result of fabricated statements. In legal lingo, this is known as a “bad arrest.” If a court finds out the truth, it should set the defendant free. The released defendant can’t sue the police for unlawful arrest, but the person making the false statements might be arrested for making false statements, swearing a false oath, or even false imprisonment. Also, the released defendant might be able to sue that person for any harm suffered as a result of the arrest.

What to do if you are Arrested Do not struggle with the police Request a lawyer Give your name, address and phone number, other wise remain silent until you have spoken to a lawyer Do not sign any statements If personal property is taken ask for a receipt As soon as possible call a trusted friend or relative If you are juvenile your parent or guardian must be notified.

What to do if you are Arrested (Minor offences) May be released on an unsecured bond (No money required) May require a cash bond If cash bond is required, ask for a receipt

What to do if you are Arrested (Serious Misdemeanor or Felony) Understand you will not be immediately released Contact a lawyer as soon as possible Before you leave the police station make sure you know when you are due in court Failure to show for your court date will result in a warrant being issued for your arrest

What to do if you are Arrested Do not talk about your case with anyone other than your lawyer Always be honest with your lawyer Have your lawyer present at all interrogations and line ups

Police and Deadly Force A police officer may use as much force as necessary to make an arrest Deadly force is limited to incidents involving dangerous or threating suspects “deadly force may not be used unless it is necessary to prevent escape, and the officer has probable cause to believe the suspect poses a significant threat of death or serious physical harm to the officers or others” - U.S. Supreme Court