MISDEMEANOR ARREST - THE PRESENCE REQUIREMENT (FROM CRIMINAL JUSTICE AS A SYSTEM - READINGS, 1975 BY ALAN R COFFEY AND VERNON E RENNER - SEE NCJ-29171)

• NCJ Number: 29178
• Author(s): D J MCLAUGHLIN
• Date Published: 1975
• Length: 12 pages
• Corporate Author: Prentice Hall
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THIS ARTICLE EXPLORES THE DEFINITION OF WHAT IS MEANT BY THE 'IN-PRESENCE' REQUIREMENT OF AN OFFICER IN RELATION TO THE COMMISSION OF A MISDEMEANOR, AND THE MISDEMEANANT'S SUBSEQUENT ARREST.

Abstract

HISTORICALLY THE LAW HAS ONLY PERMITTED AN OFFICER TO MAKE ARRESTS WITHOUT A WARRANT FOR MISDEMEANOR OFFENSES WHEN THE OFFENSE OCCURRED IN HIS PRESENCE, BASICALLY BECAUSE THE OFFENSE WAS OF A MINOR NATURE AND THERE WAS NO URGENT NEED TO TAKE THE SUSPECT IMMEDIATELY INTO CUSTODY. A FEDERAL COURT HAS RULED THAT 'IN-PRESENCE' MEANS THAT ALL THE BODY'S SENSES, RATHER THAN SIGHT ALONE, CAN SATISFY THE 'IN-PRESENCE' REQUIREMENT. BUT 'IN-PRESENCE' REQUIREMENTS ARE GIVING WAY IN SOME JURISDICTIONS, PARTICULARLY WHERE THE MISDEMEANOR OFFENSE IS OF A SERIOUS NATURE AND WHERE THERE EXISTED THE LIKELIHOOD OF THE SUSPECT FLEEING. THE AUTHOR URGES REVISION OF TRADITIONAL DISTINCTIONS BETWEEN FELONY AND MISDEMEANOR LIMITATIONS. (AUTHOR ABSTRACT)