Walker & Hemmens: Legal Guide for Police (10th Ed.)
Chapter 5: Law of Arrest
Introduction
This chapter will provide an overview of the legal and criminal procedure surrounding the police
authority to arrest. This chapter includes the procedural constraints stemming from both arrests with
and without warrants. Also, this chapter includes the criminal procedure concerning use of force
contingent to arrest.
Key Concepts
• Knowing where the police get the authority to arrest.
Key Terms
• Arrest
• Probable Cause
• Oath and Affirmation
• Warrantless Arrest
• Informant
• Officer’s Presence
Critical Thinking Questions
1. The Courts have affirmed that police have the authority to perform an arrest without a
warrant. If the police have this capability, why should an officer take the time and effort to
secure a warrant?
Guidelines: An arrest warrant is a preliminary satisfaction of probable cause. A warrant ensures
2. In the previous chapter it was revealed that a Terry stop requires “reasonable suspicion.”
However, an arrest requires probable cause. Why does an arrest require a stricter legal
standard than a Terry stop?
3. The Supreme Court gives the police some leeway when assessing the legality of police use of
force when affecting an arrest. Why does the Court give the police this leeway? Why has the
Court not given a “bright line” rule to determine if the force use was excessive?
Guidelines: The Supreme Court has determined that police officers make split-second decisions
Discussion Points
• Why should officers always try to procure a warrant if possible?