NCJ Number
99973
Date Published
1985
Length
12 pages
Annotation
Issues are examined in a civil case (Llaguno v. Mingey, 763 F2d 1560) against Chicago police officers involved in the warrantless search of a residence accompanied by the warrantless arrest and detention of one of the occupants.
Abstract
The police officers were in pursuit of two men -- suspected of committing violent crimes -- when the suspects' car crashed. One suspect was captured, and the other escaped on foot. A check of the car's license number indicated the car was registered to Vilma Llaguno, who lived at an address 2 miles from the crash site. Since the car had not been reported stolen, the police suspected an association between the suspects and the residence of the car's owner. The officers proceeded to the address, entered the house without a warrant, searched for the suspect, and arrested the man who claimed to own the car. The man was subsequently detained for 42 hours without being charged or brought before a magistrate. The occupants of the residence sued the officers for an unlawful search, and the arrested occupant sued for false arrest and unlawful detention. Issues examined in the case include the reasonableness of the police action and whether or not they had probable cause to believe the suspected killer was in the house. Alternative officer actions are considered. Issues in the arrest and extended detention are also explored. A posttest covering the material is provided.