Criminal Procedure - Law of Arrest
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When does an arrest occur?
- whenever the police take someon into custody against her will for prosecution or interrogation
- de facto arrest when police compel someon to come to the police station for questioning or fingerprinting
standard of proof for arrest?
For what offenses does 4th Amendment permit a custodial arrest?
All offenses, even those punishable by fine only
When do you need a warrant to arrest someone?
- No warrant necessary to arrest someon in a public place for felonies; and no warrant needed for misdemeanors in officer's presence
- Home: Absent emergency, need warrant to arrest
- Home of a third party: need arrest warrant and search warrant
- Common enterprise theory: for traffic stop where police discover evidence of crime suggesting common unlawful enterprise w/ passengers, officer may arrest any or all, based on reasonable inference of shared dominion/control of contraband
VA Law of Arrest (codified)
- Felonies: an officer may arrest any person who commits any crime (not traffic offenses) in the officer's presence, or reasonable grounds/probable cause to suspect commission of felony not in officer's presence
- Other Crimes: may arrest for an alleged misdemeanor not committed in presence when - 1) officer receives telephone or radio message that warrant is on file, or 2) offense involves assault and battery and based on probable cause of eyewitness complaint
- Exceptions to warrant requirement for arrest: motor vehicle crimes, shoplifting, warrant on file, public drunkenness, assault and battery against family or household member
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