Four elements of arrest:
There are a few elements that need to be introduced before an arrest is taken place. These few elements are Seizures and detention, Intention to arrest, Arrest Authority and lastly understanding for the individual that they are being arrested. To discuss these elements it first starts with seizure and detention. Seizure and detention have a two-lane road which is actual, meaning that a person is taken into custody without using the use of force but very few touching is sometimes involved or by firearm, the other way is constructive which means when an individual's corporates with the officer peacefully. It is known that if neither of these exists the arrest isn't valid (Del Carmen). Another element of arrest is the intention to arrest. The intention to arrest clear means that the law enforcement officer has the intention to arrest individuals by words of mouth or with action taking place. Without the intentions to arrest on the scene it would also be considered invalid (Wadia Whalen). Also with the intention to arrest once words and action are taken place, the officer has to take the person down to the police station or before a judicial officer. The intention to arrest is quite hard to prove because it's whatsit in the officer mind. The other element listed above that is
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The various aspect of the plain view doctrine is that an officer must observe the item in plain view, also the officer must already have a lawful presence in an area that's protected by the 4th constitutional amendment. It's important that officers immediately recognize the item as evidence or either contraband without making further intrusion. Officers should consider making routinely Plainview observation (Jack Ryan).
Identifying
Justice Harlan’s reasonable expectations test in Katz vs. United States (1967) considers whether a person has an “actual (subjective) expectation of privacy” and if so, whether such expectation is one that “society is prepared to recognize as ‘reasonable.’” (Solove and Schwartz 99) If there is no expectation of privacy, there is no search and no seizure (reasonable, or not), and hence no Fourth Amendment issue. Likewise, we must first ascertain whether a search took place. A few questions from a police officer, a frisk, or the taking of blood samples do not constitute a search. (Solove and Schwartz 83; 86) Likewise, the plain view doctrine establishes that objects knowingly exhibited in a public area, in plain view for police to see, do not
If a police officer fails to advise a suspect of their rights, they may still arrest the individual.
One of the core roles of police officers is that of law enforcement. However, there are times that it is necessary for an officer to rely less on enforcement of the law and instead concentrate on keeping peace in situations that exist outside of the norm. One such situation exists in the policing methods used in “skid-row” type areas of society. These types of areas are an anomaly to the rest of standard communities where simply enforcing the law will not be successful. The goal in these areas is to plainly contain the chaos using a hybrid form of community policing.
The Fourth Amendment to the Constitution states that people have the right “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures,” but the issue at hand here is whether this also applies to the searches of open fields and of objects in plain view and whether the fourth amendment provides protection over these as well. In order to reaffirm the courts’ decision on this matter I will be relating their decisions in the cases of Oliver v. United States (1984), and California v. Greenwood (1988) which deal directly with the question of whether a person can have reasonable expectations of privacy as provided for in the fourth amendment with regards to objects in an open field or in plain view.
...ith proper arrest procedures with strict accountability rules and have the police officer act in a mock-situation.
The police may apply for a search warrant due to the amount of evidence they have gathered. Between the security footage, the race, height, hair, facial hair, and tattoo of a descripted skull with crossbones on his neck is enough for the police to apply for the warrant. Stated by Cornell University Law School “An arrest warrant is issued by the competent authority upon a showing of probable cause, which means a warrant may be issued if a reasonable person would believe the information at hand is sufficient to suggest criminal activities.” (Cornell University Law School Arrest Warrant) The only reason the arrest warrant would not be approved is if the officers did not have enough probable cause. But in this case with the distinct tattoo of
Arizona V. Hicks discusses the legal requirements law enforcement needs to meet to justify the search and seizure of a person’s property under the plain view doctrine. The United States Supreme Court delivered their opinion of this case in 1987, the decision is found in the United States reports, beginning on page 321, of volume 480. This basis of this case involves Hicks being indicted for robbery, after police found stolen property in Hick’s home during a non-related search of the apartment. Hicks had accidentally discharged a firearm into the apartment below him, injuring the resident of that apartment. Police responded and searched Hicks apartment to determine the identity of the shooter, recover the weapon, and to locate other victims.
“An arrest is using legal authority to deprive a person of his or her freedom of movement. An arrest is generally made with an arrest warrant. An arrest may be made without a warrant if probable cause and exigent circumstances are presented at the time of the arrest.” (Cornwell University) An arrest may be due to criminal or civil proceedings. In each case, the person is placed in custody or under restraint usually for the purpose of compelling obedience to the law. If the arrest is during the course of criminal procedure, the purpose is to hold the person for answer to a criminal charge or to prevent them from committing an offense. In civil proceedings, the purpose is to hold the person to a demand made against the individual. In both
When an individual enters the criminal justice system, it always begins with the police. So in order for police to be involved in any situation, there has to be a crime committed or violation of any law which has been put in place by the government. As the police act as the enforcement agents of these laws, they are the first ones to be involved. There are four steps that police follows when there is a crime – the crime itself, the report of the crime, the investigation of the crime, and the arrest to finish this process – these are the very basic avenues which police follows.
Law enforcement has to know the boundaries of the law due to being bound by departmental rules, local, state, and federal laws (Hall, 2015). Law enforcement agencies should be fully aware of laws that have changed. The body of law known as Search and Seizure is forceful at its own argument. It is always undergoing some type of modification or revision. This law is vital due to it is governed as a right to privacy and the right to freedom from arbitrary invasion under the Fourth Amendment to the United States Constitution (Hall, 2015). Citizens have more rights than they are afforded under the Fourth Amendment alone. Courts should not defer to the police when a question of public safety is an issue in a search. Search and seizure restrict law
In order to have effective policing I believe integrity and ethics play a huge part in helping build trust within communities. Sound conduct by police improves community interactions, enhances communication, and promotes shared responsibility for addressing crime and disorder. There are three ways that police departments can strengthen community relationships just by training officers about procedural justice, bias reduction, and racial reconciliation. If we implement these concepts, we can create an environment in which effective partnerships between the police and citizens can flourish.
done and how to go on about it. An appropriate way to use this is when
Laws and procedures are the most common basis for officers choosing not to allow offenders to remain free based on their discretion, a study by Mendias and Kehoe (2006) has found. The study found that laws or responsibilities were the main reason for a decision to suspend discretion in eighty-two percent of cases involving an arrest. The study also found that keeping the peace and procedural implications were the primary justifications for ex...
Authority cannot exist without obedience. Society is built on this small, but important concept. Without authority and its required obedience, there would only be anarchy and chaos. But how much is too much, or too little? There is a fine line between following blindly and irrational refusal to obey those in a meaningful position of authority. Obedience to authority is a real and powerful force that should be understood and respected in order to handle each situation in the best possible manner.
“Probable cause for arrest exists when facts and circumstances within the police officer's knowledge would lead a reasonable person to believe that the suspect has committed, is committing, or is about to commit a crime” (Probable Cause - FindLaw. (2013). If the officer arrests someone for committing a rape or a murder and that officer didn’t develop any type of probable cause then that person wouldn’t even be charged with a felony or get thrown into prison. Officers can develop probable cause through a few ways but a couple are by our senses such as sight, touch, smell and hearing and another way could be information obtained from a witness or the victim. Probable cause doesn’t just allow officers to make an arrest but also, it allows for warrants and searches to be made (Roberson, Cliff. (2015). In many cases though, most of the arrests happen without a warrant as long as there was probable cause. So if the officer didn’t develop probable cause and made an arrest, the officer will lose the case and the person arrested would be free