CONSTITUTIONAL LAW
CONTACT, DETENTION AND ARREST
1. Prohibits unreasonable searches and seizures.
Need probable cause or warrant for a seizure (arrest).
2.
a. Contact – no seizure, based on a hunch
b. Detention – limited seizure, based on reasonable suspicion
c. Arrest – physical seizure, based on probable cause
3.
a. No seizure
b. Mere suspicion, hunch
c. None
d. None
e. Not required
4.
a. Limited seizure, temporary
b. Reasonable suspicion to believe criminal activity is occurring
c. Example: Match description of person wanted, police officer’s experience, looks as if he might be committing a crime, furtive movements, etc.
d. Three general restrictions on detentions:
1) Time – The suspect should only be detained for a reasonable length of time, during which reasonable suspicion is maintained or strengthened and during which the officer is engaged in potentially fruitful investigation. It must stop if reasonable suspicion disappears. It does not have to stop simply because the suspect asks to leave. A “rule of thumb” for a reasonable length of time (under normal conditions) would be 20 to 30 minutes.
2) Force – Only a reasonable amount of force – the minimum actually needed to effect and maintain the detention – should be used. Deadly force should never be used in a detention situation.
3) Movement – A detained person should not be moved (if moved may be under arrest), except for the safety of the officer or the suspect or to assure the security of the suspect. The suspect may, of course, be moved at his or her request or with his or her consent.
e. Need to articulate a reason for using the cuffs, i.e., suspect was belligerent or the detention is a de facto arrest.
f. Frisk of outer clothing for weapons if you have reasonable suspicion they’re armed and dangerous.
g. Probably required
h. The officer really can do nothing if the suspect refuses to answer questions, as a person cannot be compelled to give evidence against himself. Some communities have “required identification” ordinances. These are or questionable constitutionality.
5.
a. Physical seizure
b. Breaking the law, officer sees person committing crime, witness reports, suspect matches description of person involved in previous crime
c. Probable cause
d. You witnessed a crime, someone else witnessed the crime, etc.
e. You may keep him under surveillance that is close and constant as your judgment dictates until safely transported to the station.
f. Reasonable
g. If danger of serious bodily harm or death
h. Full body – grabbing area also. If in a car – passenger compartment
i. Yes
6.
a. Facts and circumstances which would lead a reasonable person to suspect that criminal activity is afoot and the suspect is involved.
b. Facts, circumstances which lead a reasonable person to believe a crime has been committed and the suspect did it.
c. N/A – Practical application
7.
a. The four factors are:
1) The informant has given reliable information in the past.
2) The informant is testifying against his or her own interests
3) The information provided by the informant is so detailed that it compels belief that the informant was witness to the incident or action
4) The officer has independently corroborated important facts given by the informant.
8.
a. Public place – no search warrant needed, need probable cause to arrest
b. Suspect residence – if suspect has warrant, go in, no search warrant needed. If suspect has no warrants you need a search warrant unless serious felony freshly committed and lives in danger or evidence likely to be destroyed.
c. Third party residence – felony search warrant, unless serious felony freshly committed and lives in danger or evidence likely to be destroyed.
9. Section 544.216 of the Revised Statutes of Missouri allows Missouri peace officers to make full custodial arrests for traffic offenses, including infractions. Officers have no reason to fear defense motions challenging the admission in court of evidence seized as no pretext issues apply. See generally Knowles v. Iowa, 525 U.S. 113 (1998) and Whren v. U.S., 517 U.S. 806 (1996).