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Chapter 3
Authority to Detain and Arrest;
Use of Force
Constitutional Law
13th Edition
Introduction
The right of the people to be secure in their persons
. . . against unreasonable . . . seizures, shall not be
3 Authority to Detain and Arrest; Use of Force
Detention and Arrest
The Fourth Amendment recognizes two
3 Authority to Detain and Arrest; Use of Force
Seizure
A “seizure” occurs when a suspect:
3 Authority to Detain and Arrest; Use of Force
Unreasonable Seizure
A seizure may be considered unreasonable if the
officer:
•Lacked adequate grounds for the seizure
3 Authority to Detain and Arrest; Use of Force
3 Kinds of Interactions
Students must learn to recognize and distinguish
among 3 types of interactions:
1. Voluntary encounters
3 Authority to Detain and Arrest; Use of Force
Voluntary Encounters
Encounters are considered voluntary only if the
police do not:
3 Authority to Detain and Arrest; Use of Force
Show of Legal Authority
The consensual aspects of an encounter vanish
Reasonable Suspicion
Officers, in order to satisfy the reasonable suspicion
standard, must be able to:
•Point to behavior of the detainee that is different
3 Authority to Detain and Arrest; Use of Force
Terry Stop
The purpose of a Terry stop is to enable the police
to investigate the circumstances that prompted the
3 Authority to Detain and Arrest; Use of Force
Constitutional Terry Stop
For a Terry stop to be lawful, officers must:
•Have reasonable suspicion to initiate the stop
3 Authority to Detain and Arrest; Use of Force
Prohibited during Terry Stops
•Taking detainees to the police station
•Searching detainees for anything besides a
3 Authority to Detain and Arrest; Use of Force
Traffic and Vehicle Stops
•The requirements of the Fourth Amendment do
not change when a person climbs into a motor
vehicle.
3 Authority to Detain and Arrest; Use of Force
Checkpoints
In order for a checkpoints to be lawful under the
Fourth Amendment, they must:
•Further a special need beyond the normal need to
control crime
3 Authority to Detain and Arrest; Use of Force
Constitutional Arrests
There are two kinds of arrest:
1. Informal (has 2 components)
An officer who makes an investigatory stop must
3 Authority to Detain and Arrest; Use of Force
Arrest Warrant Advantages
•Ensures admissibility of evidence seized during a
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Arrest Warrant Requirements
•Magistrate must make an independent
determination that probable cause exists for the
arrest
3 Authority to Detain and Arrest; Use of Force
Arrests Inside a Private Residence
•Absent consent or exigent circumstances, police
3 Authority to Detain and Arrest; Use of Force
Fourth Amendment and Use of Force
Use of force in making an arrest or other seizure:
•Seriousness of the crime
3 Authority to Detain and Arrest; Use of Force
Use of Deadly Force
Deadly force is allowed only when the officer has
probable cause to believe that such force is
3 Authority to Detain and Arrest; Use of Force
