To deprive a person of liberty by legal authority; an arrest occurs in law when a person is taken into custody by government officers, even if the purpose is for investigation or harassment. It is not necessary for a booking to occur for an arrest to be made. An arrest may be made with or without a warrant.
Judicial warrant concluding that probable cause exists supporting the belief that a crime has been committed, and that the named person has committed it, and authorizing law enforcement to take the suspect into custody. An arrest warrant is required, except for an exigency, if officers must enter the home of the person to be arrested.
Body Cavity Search
Procedure whereby authorized law enforcement or correctional personnel conduct a visual inspection of oral, genital, or anal areas for contraband.
An administrative process conducted by police officials that typically follows an arrest and includes recording the suspect's name and identifying information; photographing, fingerprinting, and searching the suspect; and inventorying the suspect's personal property.
A rule under Terry v Ohio (1968) that a "stop and frisk" be concluded quickly, or in just enough time for an officer to confirm or dispel whether the officer's reasonable suspicion constitutes probable cause. The brevity requirement has been strictly interpreted by the Supreme Court.
A clear-cut and easy-to-apply standard established by a court to distinguish legal categories.
A lawsuit filed by one or more persons on behalf of a group or individuals all having the same grievance. Also called a representative action
An arrest made by a person who is not a law enforcement officer. If the arrest is in error (i.e., no crime was committed or the wrong person was arrested), the citizen who made the arrest is subject to a civil suit for false arrest, even if probable cause existed.
A case decided along with another case. May be consolidated into one case
When a police officer arrests a person for a crime that authorizes the officer to take the suspect into custody, the officer may perform a complete search incident to arrest.
The keeping, guarding, care, watch, inspection, preservation, or security of a thing or person. The custody of a person is a prerequisite for a 4th Amendment seizure under California v. Hodari D. (1991)
Drug Courier Profile
A set of behavioral characteristics developed by the Drug Enforcement Agency to identify people who are likely to be surreptitiously transporting illegal drugs. The profile itself, even if it consists entirely of innocent actions, constitutes a basis for finding that reasonable suspicion exists.
An arrest that is not based upon probable cause. Evidence seized as the result of a false arrest is inadmissible. A false arrest is a basis for a civil action against a peace officer who made the arrest.
The police practice of ordering people to briefly stop and answer questions in regard to suspicious behavior.
"Fleeing Felon" Rule
A common law rule that allows a police officer to shoot to kill any fleeing felon, whether or not the felon had used deadly force. The rule was brought under the Fourth Amendment by Tennessee v. Garner (1985): An officer may now lawfully shoot at a fleeing felon only if the suspect is reasonably believed to be armed and dangerous.
A colloquial term used to describe a police search of a person who is stopped. A frisk consists of a pat-down of the outer clothing to determine whether the person stopped has a weapon.
A terrorism prevention and response center. Fusion centers gather and combine data on individuals from official crime and homeland security data bases, and also from private sector data banks. More than seventy exist and are used by police departments. They were initiated by the Homeland Security and Justice departments in the early 2000s.
An arrest that is made by an officer who has no legal authority or jurisdiction to make such an arrest-for example, where an officer arrests a person in a foreign state. Where a suspect is brought into the jurisdiction of a court on the basis of an illegal arrest, the court does not thereby lose jurisdiction to try the case
In Personam Jurisdiction
The jurisdiction a court has over a person in its custody. A court does not lose in personam jurisdiction if a defendant was brought into the court's custody as the result of an illegal arrest.
In the law of arrest, the general common law rule is that a police officer can arrest a person for a misdemeanor only if the crime was committed in the officer's presence. Exceptions for traffic violations and domestic violence have been created by statute.
Official personal identification. In some countries, residents must carry personal identification at all times; in the United states, under the Fourth Amendment, there can be no general obligation to carry an internal passport or to provide identification.
A search made for the purpose of making an inventory-that is, a detailed list of articles of property.
The forceful stopping of a person for field questioning when reasonable suspicion exists to believe that the person is involved in criminal activity. Also called a "Terry Stop"
Least Intrusive Means
When a constitutional liberty collides with a state action required to maintain order, courts at times require that the state's intrusion be done in a manner that intrudes the least on individual privacy. Such a rule has not been applied to arrest or stop under the Fourth Amendment.
A statutory right enacted in most states that allows security personnel to conduct brief investigatory detentions of suspected shoppers-an act that would be tortious or criminal if carried out by ordinary citizens
An arrest that is based on probable cause but results in the arrest of a person who is not, in fact, the suspect. A police officer who makes such an arrest is protected against civil liability; a private person who makes a mistaken citizens arrest is subject to a tort action for false imprisonment. A statutory exception exists; see merchant's privilege.
Police Officer Expertise
In Terry v. Ohio (1968), the traditional rule that a Fourth Amendment seizure of a person may be based only on probable cause was eased to allow a temporary stop on the basis of reasonable suspicion based in part on the fact that the on-the-street situation was evaluated by a police officer applying his or her special expertise. This element of Terry was dropped when the Court decided that reasonable suspicion could be based on the hearsay statement of an informant.
A search of an automobile made by an officer who stops the car on the objectively correct basis of a traffic violation even though the traffic stop is made for the real purpose of searching the automobile for drugs. Pretext searches were found to be valid in Whren v. United States (1996)
"A quick limited search of a premises, incident to an arrest and conducted to protect the safety of police officers or others. It is narrowly confined to a cursory visual inspection of those places in which a person might be hiding" (Maryland v. Buie, 1990)
Public Duty Doctrine
The idea that, under ordinary circumstances, a municipality or other government unit is not liable to an individual for tortious failure to provide adequate police protection because the duty to provide such protection is owed to the public generally rather than to specific individuals.
Police may use reasonable force to make an arrest, as determined by all the facts and circumstances.
An automobile that crashed into a police roadblock effectively arrests the driver; injuries that result for such a crash may be the basis of police liability for effecting the arrest with excessive force if the placement of the roadblock was unreasonable.
Scope of a Search Incident to Arrest
The area that the police may search within an arrested person's immediate control to ensure officer safety ad to secure evidence from destruction. The scope may include an area to which the arrested person may reach, but does not authorize the search of an entire premises.
Search Incident to Arrest
The search of an individual and the person's immediate surroundings that takes place immediately upon or after the person's arrest. The search, a part of the arrest process, is for weapons (to protect the arresting officer and others) and for incriminating evidence.
Seizure of the Person
Under the Fourth Amendment, an arrest or stop.
A roadblock set up by police to determine whether drives are under the influence of intoxicants. A detention at a sobriety check-lane is not considered a stop for criminal investigation, and therefore such temporary detentions without individualized suspicion do not violate the Fourth Amendment.
An element of the drug courier profile is that the place from which the stopped person has traveled from is a "source city" for drugs
The temporary restraint of a person's mobility by a police officer where the officer has reasonable suspicion to believe that the person stopped has just committed, is committing, or is about to commit a crime. The practice was declared constitutional in Terry v Ohio.
Stop and Frisk
The colloquial term for a Terry Stop.
Of its own kind or class; unique; the only one of its kind.
A law making it a crime to loiter. Older vagrancy statutes prior to Papachristou v. City of Jacksonville (1972) were quite vague and gave police discretion to arrest whom they would; modern vagrancy statutes are closely tailored to describe particular types of vagrancy, such as house prowling or streetwalking prostitution