Constitutional Law: Contact, Detention & Arrest

Contact, Detention, and Arrest

• Examines three levels of interaction an officer/deputy can have with a citizen while acting under color of law: contact, detention, and arrest.
• Each type has specific recognized limits, requirements, and consequences for police officers.

Introduction to Fourth Amendment

• The First major provision of the Fourth Amendment to the U.S. Constitution deals with the procedure for seizing of persons.
• It is the source of law covering contact, detention, and arrest.

Voluntary Contacts

• A voluntary contact is a type of Fourth Amendment seizure.
• Minimum justification - how much information - is needed: minimal.
• Force used to maintain a voluntary contact: minimal.
• Search authorized by a voluntary contact: consent search.
• Miranda is required during a voluntary contact if one wishes to ask guilt-seeking questions.

Investigative or Temporary Detentions

• An investigative detention is a type of Fourth Amendment seizure.
• Minimum justification - how much information - is needed: reasonable suspicion.
• Facts and sources of facts that may be used to develop reasonable suspicion: specific and articulable facts, anonymous tips (conditional).
• Three general restrictions on detentions:
  • Limited duration.
  • Limited scope.
  • No probable cause for arrest.
• Documentation requirements for using handcuffs in a detention situation: to prevent it from becoming a de facto arrest.
• Search authorized for a detained suspect: limited search incident to detention.
• Miranda is required during a detention if one wishes to ask guilt-seeking questions.
• If the suspect refuses to answer questions, the officer may still detain and ask further questions.

Arrests

• An arrest is a type of Fourth Amendment seizure.
• Minimum justification - how much information - is needed: probable cause.
• Types of facts and sources of facts that may be used to develop probable cause: specific and articulable facts, sworn testimony.
• Limitations on the officer's surveillance of a suspect after arrest: none.
• Force used to maintain an arrest: reasonable force.
• Requirements for use of deadly force to make an arrest: only when necessary.
• Search authorized by an arrest: full search incident to arrest.
• Miranda is required during an arrest if one wishes to ask guilt-seeking questions.

Reasonable Suspicion and Probable Cause

• Two issues that must be reasonably suspected to establish reasonable suspicion for a detention:
  • Particularized suspicions.
  • Objective observations.
• Two issues that must be reasonably believed to establish probable cause for arrest:
  • Factual basis.
  • Connection to criminal activity.
• Four factors that may be used to establish the reliability of information from a criminal informant:
  • Veracity.
  • Reliability.
  • Basis of knowledge.
  • Corroboration.

Legal Authority for Arrests

• Legal authority required to arrest subjects:
  • In a public place: none.
  • In the suspect's residence: warrant or exigent circumstances.
  • In a third party's residence: warrant or consent.
• Authority granted to peace officers by RSMo Sec. 544.216 regarding arrests for traffic violations and ordinances:
  • Authority to arrest.
  • Issues, if any, of pretext raised by this authority.