1. Criminal Procedure: Theory and Practice, 2d.by
Jefferson L. Ingram

2. CHAPTER 4
Arrest and Seizure of the Person

3. 1. Probable Cause Arrests: The Legal Standard.
Where the officers have facts and circumstances available to them as would “warrant a man of reasonable caution in the belief” that an offense has been committed or is being committed. Carroll v. United States, 267 U.S. 132, 162 (1925).

4. 2. The Concept of Probable Cause for Arrest.
Arrest: a seizure where an individual person, against his/her will, comes under police officer’s physical control.
Arrest:
Submission to the will of the law enforcement official, or
A police application of physical force.

5. 3. Plain Meaning of the Fourth Amendment.
Fourth Amendment: Plain meaning, warrants necessary for most arrests.
History teaches: Common law arrests without warrants permissible.
Warrantless arrests: Continue under the Constitution of the United States and under state constitutions.

6. 3. Plain Meaning of the Fourth Amendment. (cont.)
Includes common law rule: police have the authority to arrest without a warrant:
For a misdemeanor [in some cases] or
A felony in all cases.

7. 4. Probable Cause Defined.
Probable cause: Level of proof must be beyond a mere hunch or guess.
Probable cause to arrest:
Whether the facts would lead a reasonable person to believe that the suspected person has committed a felony. Michigan v. Davis, 660 N.W.2d 67, 69 (2003).

8. Case 4.1, Leading Case Brief: Beck v. Ohio, 379 U.S. 89 (1964).
Facts: Police stopped Beck’s car and arrested him. They knew he had a reputation as a gambler; knew what he looked like; and suspected him of gambling. Police had no arrest or search warrant. Beck convicted after police found his gaming materials.
Issue: Did police have arrest probable cause?
Held: No.
Rationale: No decision of the Court had ever upheld an arrest on such little proof of criminality. There was no proof that Beck was involved in any criminal activity that was observed by police.

9. 5. Sources of Probable Cause to Arrest.
To obtain probable cause, police may:
Observe facts indicating criminality.
Have informants offer information.
Use public information, hearsay data, research results, and wiretap sources.

10. Case 4. 2, Leading Case Brief: Draper v. United States, 359 U. S
Facts: Draper arrested for drug possession. Informant indicated he would have drugs and described how he would be dressed, when he would alight from a specific train, and how he would walk. Draper argues that no probable cause existed.
Issue: Does probable cause exist when a specific set of facts, indicative of drug possession, predicted to occur, come true?
Held: Yes.
Rationale: When informant predicts future that comes true, special information must be known by informant. When the information indicates drug possession and the other predicted facts validate believability of informant, probable cause to arrest exists. Conviction affirmed.

11. 5. Sources of Probable Cause to Arrest. (cont.)
Probable cause “two pronged test” based on:
Data given by informant must equal probable cause, and
Facts must indicate why informant is to be believed.
Illinois v. Gates rejected “two-pronged test” for probable cause.
Substituted “totality of circumstances” test.

12. 6. Stale Probable Cause.
Additional information: Usually does not affect existence of probable cause.
Police investigations: Usually enhance arrest probable cause.
End of probable cause: Statute of limitation for the crime.

13. 7. Arrest Pursuant to a Warrant.
Warrant: A court order to seize a person.
To issue arrest warrant: Judicial official must believe probable cause exists for specifically described person.
Judge or magistrate evaluates facts presented to determine probable cause.

14. 7. Arrest Pursuant to a Warrant. (cont.)
Warrant contains:
Name of person.
Description of person.
Details of charged offense.
Orders to police to execute warrant.
Warrant grants power to make it effective.

15. 8. Requirements for Arrest without a Warrant.
Where probable cause exists:
Warrantless felony arrest proper.
Warrantless misdemeanor arrest:
Proper for breach of peace in view of officer.
Otherwise: Depends on local law.
If local law allows: Warrantless arrest proper.
Warrantless arrest: Only outside the arrestee’s home.

16. Case 4. 3, Leading Case Brief: Atwater v. City of Lago Vista, 532 U. S
Facts: Officer observed seat belt violation, stopped, and arrested driver for misdemeanor. Defendant pled guilty, but sued city for unreasonable arrest under Fourth Amendment because the offense carried only fine as a punishment.
Issue: Where offense has only fine as punishment, is arrest unreasonable where local law allows?
Held: No.
Rationale: Warrantless misdemeanor arrests have long history in English common law and in United States. There is some authority contra, in historical cases, but, on balance, arrest for misdemeanor committed in presence of officer is reasonable under Fourth Amendment.

17. 9. Requirements for Arrests within the Home.
Fourth Amendment prohibits a warrantless arrest within arrestee’s home unless:
Exigent circumstances exist.
Destruction of evidence concerns.
Hot pursuit.
Or some other exception applies.

18. 9. Requirements for Arrests within the Home. (cont.)
Prohibition against warrantless probable cause arrest in home of arrestee:
Does not apply to casual visitors.
Does not cover trespassers in the home.

19. 10. Requirements for Arrests within a Third Party’s Home.
Separate justification needed to enter a home to arrest a non-resident person for whom police have an arrest warrant.
Fourth Amendment protects privacy of non-suspect home occupier.
Exigent circumstances: Permits entry to premises of non-suspect.

20. 11. Summary. Probable cause allows arrest for crime.
Facts presented to officer of reasonable caution would lead officer to conclude a person has committed a crime.
Warrantless arrest: Proper for all felonies, most misdemeanors.
Informants: Special considerations for probable cause.
Entry to third party premises requires separate justification.