Procedures in the Justice System

ELEVENTH EDITION

CHAPTER 3
Arrest and Custody

Copyright © 2016, 2012, 2010

Procedures in the Justice System, 11e
by Pearson Education, Inc.
Roberson | Wallace
All Rights Reserved
 Arrest of the Law Violator

• An arrest has been defined as the

taking of a person into custody in the
manner authorized by law.
• Private person arrest
 The arrest by a private person is
sometimes referred to as a citizen's
arrest.

continued on next slide

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Roberson | Wallace
All Rights Reserved
 Arrest of the Law Violator

• Arrest by a law enforcement officer

 A person employed by some branch of
the government and sworn to uphold
the laws

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Roberson | Wallace
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 Arrests and Warrants

• Must have probable cause to arrest

• There are two elements to probable
cause to arrest:
 There is reason to believe that a crime
has been committed.
 The person to be arrested committed
the offense.
• Arrest without a warrant
 Most common form of arrest
continued on next slide
Copyright © 2016, 2012, 2010
Procedures in the Justice System, 11e
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Roberson | Wallace
All Rights Reserved
 Arrests and Warrants

• Unless there are exigent or emergency

circumstances or consent, the police
may not enter a private home to make
a warrantless arrest.
• Arrest with a warrant
 Many states require officers to have
warrants of arrest for misdemeanors
committed outside of their presence.

continued on next slide

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by Pearson Education, Inc.
Roberson | Wallace
All Rights Reserved
 Arrests and Warrants

• Search of an arrested person

 Chimel v. California
 Arizona v. Gant

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Territorial Jurisdiction to Make an
Arrest
• Authority to make an arrest
 In most states, the territorial
jurisdiction of the city police is confined
to the city limits.

continued on next slide

Copyright © 2016, 2012, 2010
Procedures in the Justice System, 11e
by Pearson Education, Inc.
Roberson | Wallace
All Rights Reserved
Territorial Jurisdiction to Make an
Arrest
• Uniform Act of Fresh Pursuit
 Provides that a peace officer of one
state may enter another state in fresh
pursuit to arrest an offender who has
committed a felony
 Limited arrest powers

continued on next slide

Copyright © 2016, 2012, 2010
Procedures in the Justice System, 11e
by Pearson Education, Inc.
Roberson | Wallace
All Rights Reserved
Territorial Jurisdiction to Make an
Arrest
• State police agencies
 All states except Hawaii have some type
of state police.
 State police agencies have statewide
territorial jurisdiction.

continued on next slide

Copyright © 2016, 2012, 2010
Procedures in the Justice System, 11e
by Pearson Education, Inc.
Roberson | Wallace
All Rights Reserved
Territorial Jurisdiction to Make an
Arrest
• Federal law enforcement agencies
 A number of federal investigative
agencies have emergency arrest
powers.
 All federal officers have territorial
jurisdiction throughout the United
States.

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Roberson | Wallace
All Rights Reserved
 Force in Effecting an Arrest

• Any peace officer who has reasonable

cause to believe that the person to be
arrested has committed a public
offense may use reasonable force to
effect the arrest, to prevent escape, or
to overcome resistance.
• Title 18 U.S. Code, Section 242
• Title 42 U.S. Code, Section 1983
• Tennessee v. Garner
continued on next slide
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Procedures in the Justice System, 11e
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Roberson | Wallace
All Rights Reserved
 Force in Effecting an Arrest

• Calling for assistance

 Summons
• Resisting arrest
 It is a violation to willfully resist, delay,
or obstruct a peace officer in the
performance of his or her duty,
including making an arrest.

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Procedures in the Justice System, 11e
by Pearson Education, Inc.
Roberson | Wallace
All Rights Reserved
 Miranda and Its Effect

• Miranda v. Arizona
• Pre-Miranda techniques
 Brown v. Mississippi
 Ashcraft v. Tennessee
 Spano v. New York
 Escobedo v. Illinois
• Miranda safeguards

continued on next slide

Copyright © 2016, 2012, 2010
Procedures in the Justice System, 11e
by Pearson Education, Inc.
Roberson | Wallace
All Rights Reserved
 Miranda and Its Effect

• Miranda established a four-prong test

that must be satisfied before a
suspect's statements can be admitted
into evidence.
 The test requires affirmative answers to
all four of the following questions:
1. Was the statement voluntary?
2. Was the Miranda warning given?

continued on next slide

Copyright © 2016, 2012, 2010
Procedures in the Justice System, 11e
by Pearson Education, Inc.
Roberson | Wallace
All Rights Reserved
 Miranda and Its Effect

• Miranda established a four-prong test

that must be satisfied before a
suspect's statements can be admitted
into evidence.
 The test requires affirmative answers to
all four of the following questions:
3. Was there a waiver by the suspect?
4. Was the waiver intelligent and
voluntary?
continued on next slide
Copyright © 2016, 2012, 2010
Procedures in the Justice System, 11e
by Pearson Education, Inc.
Roberson | Wallace
All Rights Reserved
 Miranda and Its Effect

• Eroding of Miranda
 Harris v. New York
 Illinois v. Perkins
 Moran v. Burbine
 New York v. Quarles

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Roberson | Wallace
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 Immunity from Arrest

• Diplomatic immunity
 Diplomatic officers
• Consular immunity
 Limited to acts in performance of their
duties, the immunity does not include
members of their families or servants
• Legislative immunity
• Out-of-state witnesses

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 Booking

• Consists of recording the arrest in

official law enforcement records,
fingerprinting, and photographing the
accused
• Right to telephone calls

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Procedures in the Justice System, 11e
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 Issuance of a Citation

• A citation (sometimes referred to as a

summons) is a written notice issued to
a violator to appear in court.
• In most instances, a citation will be
issued for an infraction and for a traffic
violation.

continued on next slide

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Procedures in the Justice System, 11e
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Roberson | Wallace
All Rights Reserved
 Issuance of a Citation

• Citation court procedure

 The citation will become the accusatory
document, eliminating the necessity of
the officer's filing a complaint.

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Procedures in the Justice System, 11e
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Roberson | Wallace
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 Summons

• The true summons is issued by a judge

in lieu of a warrant of arrest.
• A summons differs from a citation in
that a summons is issued by a judge
and either mailed to or served upon the
accused personally, commanding his or
her appearance; a citation is generally
issued by an officer in the field.

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Procedures in the Justice System, 11e
by Pearson Education, Inc.
Roberson | Wallace
All Rights Reserved
 Case Law

• United States v. Lall

• Melendez-Diaz v. Massachusetts

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Roberson | Wallace
All Rights Reserved
 Summary

• Arrests may be made with a warrant.

• Arrests may be made with probable
cause without a warrant under certain
conditions.
• Police may use a reasonable amount of
force legally to effect an arrest.
• Miranda v. Arizona gave some
protections to the accused related to
interrogations.
Copyright © 2016, 2012, 2010
Procedures in the Justice System, 11e
by Pearson Education, Inc.
Roberson | Wallace
All Rights Reserved