Free Report on Police Arrests & Fourth Amendment: What Do Law Enforcement Officers Need to Know?

Introduction

Chapter six of the course textbook Criminal Procedure: Law and Practice by Carmen and Hemmens (2017) covers the procedures that law enforcement officers should follow when arresting an accused person for interrogation and criminal prosecutions. The Fourth Amendment to the US Constitution protects citizens against unreasonable seizures and searches that can violate their right to secure homes (Carmen & Hemmens, 2017). Restrictions of the Fourth Amendment also apply to police officers' arrests because it entails the "seizure" of a person. However, courts can issue warrants supported by oath or affirmation that allow police officers to seize specific things and arrest the accused. A proper understanding of arrest law is essential because the procedure's legality determines the prosecution's outcome. In this regard, evidence from illegal arrests is not admissible in court; conversely, searches of the arrestees and seizures of their belongings are only valid if the arrest complies with law provisions.

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Elements of an Arrest

Four things must be present for arrests to be considered legal. First, there must be a seizure and detention of a person. This detention can either be constructive or actual. The later occurs when law enforcement officers take a person to custody by applying some force. In contrast, a constructive arrest occurs when there is no use of force because an individual peacefully submits to the officer's control or will. In essence, this first principle implies that mere words do not constitute an arrest.

The second aspect is the intention to arrest. Police officers must indicate by deeds or words the intention to take a person to custody. Notably, the intention of the arrest should be implied or clearly expressed for the suspect to understand. There is no arrest without a requisite intent, even if an individual is inconvenienced or temporarily stopped.

The third element is the authority to arrest. Here, an arrest is only valid if police officers have proper authorization. This principle distinguishes a legal arrest from the deprivation of liberty by other people. However, some states authorize their law enforcement personnel to arrest the suspect by agency policy, law, or court decision.

The fourth principle is a person’s knowledge of being arrested. By law, the accused must be aware of the arrest and officers' decision to take custody. The intention to arrest may be communicated through actions, words, or both. However, this rule does not apply in three instances: when a person is insane, when drunk, and when unconscious.

Arrest Warrant, Its Issuance, and Service

An arrest warrant is defined as a writ issued by a competent authority that requires constables or other officers to arrest and present a person to be charged or examined concerning an offense committed. There are many types of warrants, but the major ones are Joe Doe warrants, telephonic warrants, and bench warrants. John Doe warrants are issued when the individual to be arrested is not identified by name but described in the writ.

Telephonic warrants are issued after a telephone conversation between the law enforcement officer and the issuing judge. Bench warrants are issued where one is not required to appear for a hearing. Although warrants vary in states, they are similar because they include the arrestee’s name, the court issuing the writ, the date issued, and the offense committed.

Most arrests in the US are made without warrants. However, police officers require this document in three specific instances. First, where an offense was committed in the absence of law enforcement personnel, and second, if there is no reason for a suspect's immediate arrest. Thirdly, it is required in home entries for minor crimes or petty offenses.

Judges and magistrates are in charge of warrant issuance. A police officer or a victim of a crime who intends to secure an arrest warrant must file a complaint before a judge or a magistrate showing probable cause for a suspect's arrest. It must have facts that show that an offense was committed, and that a specific person is responsible for it.

Other Legal Authorizations and the Time of Arrest

Misdemeanor arrests should be made during daylight hours. Felony arrests, on the other hand, may be made at any time, whether day or night. Notably, police officers may not show an arrest warrant to restrain an accused provided that it is produced if needed after the arrest.

Police officers can also use citations and capias to take a person to custody as other legal authorizations. Capias refers to writs that require officers to take the accused to court. A citation is a court document ordering a specific person to appear in court at a particular time. Police officers have power to arrest the accused without a warrant in five instances: when the arresting officer is in danger, when a crime is committed in public places and during an emergency. It also includes cases where offenders commit misdemeanors and felonies in the presence of the officers. Notably, the law prohibits the officers from entering into third-party residences except in exigent situations.

Using Force During an Arrest

The US Constitution, through the Fourth Amendment, governs the use of deadly and non-deadly force by police officers during an arrest. State law particularly, the Code of Criminal Procedure, departmental or agency rules, and judicial decisions, also regulate this process. In this regard, judicial decisions specify the amount of force that officers can apply, while state law defines when force may or may not be legally used. The rule for non-dead force is that it can be used provided that it cannot cause bodily injury or death.

Officers can only use reasonable force to arrest and apprehend the suspects. This coercion is limited to the pressure needed to accomplish lawful results. Besides, officers may use punitive force to control the situation. However, the problem is that the non-dead force is subjective, and the perception of the officer and the judge on reasonable force may differ. Notably, the rule on using deadly force is more precise, narrow, and specific than non-deadly force.

Evaluation of Chapter Six

I like the topic covered in chapter six of the text because it is insightful and informative. This section provides factual and conceptual information that has enhanced my understanding of the subject. I have learned several points about the law of arrest, which I hope will help me in the future. For instance, I have understood that it is essential to submit to police officers' will and control during an arrest since they are allowed to use punitive force against the suspect.

The language used in this work is simple to understand. The authors also defined important terms and summarized essential points, making the text clearer. I agree with the book's findings because the authors substantiated their arguments with evidence and observations from past court cases. However, I am surprised that officers executing an arrest warrant are prohibited from accessing third parties' homes when searching the person named in the warrant. Instead, they need to obtain a separate search warrant if it is an exigent circumstance.

The chapter is brief, although it has lengthy court cases used to support the main ideas. I find chapter six the most useful part of the book because it covers issues that affect everyone in everyday life. I think subtopics on valid warrants' principles and the general rule that police officers must follow when making an arrest can help students understand their rights as American citizens. I have noted two essential things in the authors' conclusion of the subject. First, “reasonable force” is a subjective term as magistrates, and police officers' perceptions of a case can differ significantly. Secondly, contacts with police officers are not necessarily seizures because some are minimally intrusive.

The authors extensively used numeric data to enable readers to visualize relationships between key variables. To me, the data used in this chapter are reliable because they were obtained from reputable organizations like the National Institute of Justice. I like the statistics cited on page 181 because they provide compelling evidence on police officers' need to use conducted energy devices as an alternative to deadly force. The use of deadly force leads to a 17 to 64% injury rate for civilians and a 10 to 20% injury rate for officers (Carmen & Hemmens, 2017).

Reference

Carmen, R. V., & Hemmens, C. (2017). Chapter 6: Arrests and use of force. In Criminal procedure: Law and Practice (10th ed., pp. 148-186). Cengage Learning. https://b-ok.cc/dl/5009761/c2eb05