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Law of Arrest (From Legal Guide for Police: Constitutional Issues, P 35-37, 1989, by John C Klotter -- See NCJ-116464)

NCJ Number
J C Klotter
Date Published
33 pages
This chapter examines police authority to and definitons and elements of arrest with and without warrants.
The fourth amendment, as interpreted by the U.S. Supreme Court, forms the basis for the constitutional standards regarding detention and arrest. While State statutes define police authority to arrest with or without warrants, these statutes cannot conflict with constitutionally guaranteed rights. Arrest may be defined as the taking, seizing, or detaining of another by any act that indicates an intention to take the person into custody and subjects him or her to the control of the person making the the arrest. State statutes provide for peace officers to make arrests under warrant. For the arrest warrant to be valid it must be supported by probable cause, and oath or affirmation, it must describe the person to be arrested and the nature of the offense, it must designate executing officers, and it must be issued in the name of the State and be signed by a neutral or detached judicial officer. Even if these requirements are met, the warrant must be executed properly. In some instances, officers may arrest without a warrant. In general officers can arrest without a warrant when they have reasonable grounds to believe a felony has been committed and the person to be arrested has committed it. There is a trend to extend this authority to misdemeanor cases. Officers may enter the home of a suspect to execute a warrant but may not enter the home of a third party absent consent, a search warrant, or exigent circumstances. Officers may not use deadly force to seize an unarmed, nondangerous suspect. In some instances a citation or summons may be issued in lieu of arrest. Courts also have recognized the authority of police to pursue persons who have committed violations if the pursuit is without unreasonable interruption. 46 footnotes.