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 bus 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 (Drug Dealing Cases) - 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 t – 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)