Arrest Elements

Essay by Dragonlover67College, UndergraduateA, May 2009

download word file, 3 pages 5.0

Identifying types of authorized and un-authorized arrests can be complex, depending on the circumstances, quite challenging. Many police actions during a seizure are determined before an arrest is made. Subsequently, one does not want to violate a person(s) Fourth Amendment, so proper procedures must be taken to secure an arrest and confirm evidence as admissible (Wadsworth, 2004).

The four essentials used in this particular incident was seizure and detention; intention to arrest; arrest authority, and the understanding of the arrest. Jeff Barnes was a repeat-offender who was arrested four months prior to this event. He was warned through his probation that he was not to go within two blocks of his frequent intersection, McClintok and Lakeshore (para. 1). When officer Pace was patrolling she noticed the suspect, Mr. Barnes, in his vehicle on the forbidden intersection. At this time, she realized the suspect was in violation of his probation, which gave her arrest authority.

She proceeded to call for back up because the suspect noticed officer Pace and began to (assisted arrest) flee, but he was unsuccessful and the officer apprehended him (para. 2). Following the apprehension, the officer read Miranda and handcuffed the suspect. This was when the suspect was detained and the officer had intent to arrest.

The suspect detained and arrested; due to the violation of his parole. In addition, misdemeanors charge of marijuana possession. The officer did not need permission to search the vehicle because when the suspect left the vehicle, he abandoned such vehicle. Therefore, her reasonable suspicion allowed her to search the vehicle without permission or warrant (p. 150). The belief that the suspect was doing something illegal was over-whelming because of his past narcotics bust and his relationship to the (prohibited) particular intersection. When, during the search the other two officers, located...