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, needwarrant to arrest
Home of a third party: need arrest warrantandsearch 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 felonynot 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