01:202:205 Lecture Notes - Lecture 5: Affidavit, Curtilage, Dying Declaration
20 Aug 2018
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Arrests differ from stops: duration, location (arrests are taken to holding facility, record, most stops are not written up, but an officer"s log. Arrests produce written documents that become part of a persons record. Arrests are determined by duration, invasiveness, and location. Arrest= custodial arrests occur when a person is officially taken into custody and held for their charges. 4th amen requires that arrests are to be supported by prob cause in building prob cause, can rely on officers senses. Deadly force is a 4th amen seizure. Applying the prob cause standard: in its day to day application prob cause rests with officers. Reasonable belief can be based on either direct hearsay or information. The probable cause requirement balances the societal interest in crime control with the individual right of locomotion: locomotion: ability to move from one place to another or the ability to travel without the obstruction of the government.
