NCJ Number
5010
Journal
FBI Law Enforcement Bulletin Volume: 40 Issue: 10 Dated: (OCTOBER 1971) Pages: 20-22
Date Published
1971
Length
3 pages
Annotation
REVIEW OF FEDERAL AND STATE JUDICIAL DECISIONS ON THE USE OF POLICE OFFICERS' SENSES OF SMELL, TOUCH, AND TASTE TO ESTABLISH CONSTRUCTIVE PRESENCE FOR WARRANTLESS ARRESTS.
Abstract
THE COMMON LAW RULE ON MISDEMEANOR ARRESTS REQUIRES THAT THE ARRESTING PERSON HAVE PROBABLE CAUSE TO BELIEVE THAT A CRIME IS BEING COMMITTED IN HIS PRESENCE. THE AUTHOR EXAMINES THE VARIED JUDICIAL THEORIES ON THE PRESENCE REQUIREMENT, AMONG WHICH ARE THE CONSTRUCTIVE HEARING, SEE NCJ-004987.