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CP Lesson 4 – Arrest and Seizure

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CP Lesson 4 – Arrest and Seizure. Basic Definitions Arrest Elements Seizure Seizure and Use of Force Entrapment. Arrest and Seizure Defined. Arrest : the taking of a person into custody against his or her own will for the purpose of criminal prosecution or interrogation.

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cp lesson 4 arrest and seizure
CP Lesson 4 – Arrest and Seizure
  • Basic Definitions
  • Arrest Elements
  • Seizure
  • Seizure and Use of Force
  • Entrapment
arrest and seizure defined
Arrest and Seizure Defined
  • Arrest: the taking of a person into custody against his or her own will for the purpose of criminal prosecution or interrogation.
  • Seizure: the taking of one physically or constructively into custody and detaining him, thus causing a deprivation of his or her freedom in a significant way.
arrest
Arrest
  • Four Essential Elements:
    • Seizure and Detention
    • Intention to Arrest
    • Arrest Authority
    • Understanding by Person Arrested
  • Case – Dunaway v. NY (1979)
seizure
Seizure
  • Assessing Seizures
  • Level of Obtrusiveness
  • Has a Seizure Occurred?
    • California v. Hodari (1991)
    • Florida v. Bostick (1991)
    • US v. Drayton (2002)
seizure and use of force under the fourth amendment
Seizure and Use of Force Under the Fourth Amendment
  • Using force
  • Rule of Proportionate Force
  • Deadly Force
    • Tennessee v. Garner (1985)
    • Graham v. Connor (1989)
  • Arrests for Offenses Not Punishable With Prison or Jail
    • Atwater v. City of Lago Vista (2001)
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