L AW OF ARREST
L AW E N F O R C E M E N T I
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LESSON OBJECTIVES
• Define the term arrest
• List and explain the elements of an arrest
• Discuss the types of arrest
• Differentiate an arrest from a stop
• Demonstrate a proper arrest and frisk
• https://youtu.be/IpjinRTSGNQ
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WHAT IS AN ARREST?
• Taking a person into custody by the actual restraint of the person.
• Federal government definition: arrest is a seizure of a person who is
– Required to go elsewhere with the police
– Deprived of freedom of movement
– Subjected to more force than reasonably part of an investigative detention
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ELEMENTS OF ARREST
• Intent by the officer to make an arrest
– Can be verbal “You are under arrest”
– Nonverbal actions such as placing suspect in handcuffs and the back of the squad car
– Reasonable person test used
• Authority to arrest
– Law gives police the authority to make arrests
– TX peace officers can arrest on and off duty
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ELEMENTS OF ARREST
• Subjection or the actual submission to the arrest (physical arrest)
– Can be forced into submission by the officer
– Includes the use of hands, taser, firearms by the officer during detainment.
• Understanding means the arrestee must understand (know) they are being arrested
– Verbal statements or actions by the officer can suffice
– Arrestees that are under the influence need not understand the arrest to be valid.
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STOP VERSUS ARREST
Stop
Arrest
Justification
Reasonable suspicion
Probable cause
Intent of Officer
To resolve an ambiguous situation
To make a formal charge
Search
Pat down or frisk
Complete body search
Record
Minimal
Fingerprints, photographs during
booking
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TYPES OF ARRESTS
• Warrantless arrest
– Made without a warrant but PC is still
present
• Arrest warrant
– Warrant is obtained from a judge
• De facto arrest
– Custody issue
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WARRANTLESS ARREST
• Police can arrest for felony or misdemeanors committed in their presence
– Public offenses, PC exists because crime was committed in front of police
• Arrests can also be made for crimes committed outside police presence with PC
– Cannot enter a dwelling (home) to arrest without a warrant
• Includes homes, motel rooms, tents, and migrant housing
– Exigent circumstances – emergency situations warranting the invasion of privacy by police
• For example, police can pursue a fleeing suspect into a private residence without a warrant due to the hot
pursuit rule
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ARREST WARRANTS
• Warrants help protect police from allegations of false arrest.
• An affidavit (written statement) of PC is required, sworn to by officer
– Judge reads the affidavit and will issue a warrant if he deems PC is present
• A warrant must contain:
– Name of the person to be arrested
– Offense charged
– Officer or department making the arrest
– Signature of a judge
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DE FACTO ARREST
• Occurs when an officer takes a suspect to
police department for questioning
– Officer may not have the intent to arrest
– PC is not present for an official arrest
– Suspect is not free to leave or feels they
are not free to leave.
– Kaupp v. Texas
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