To make an arrest, a police officer must have probable cause that a crime has happened or is about to occur. When an arrest occurs, it results in an immediate deprivation of a person's liberty by a legal state actor (e.g., police officer) for the purpose of taking an individual into custody to answer some criminal charge.

 

Actively discuss the following questions:

1.  
   1. Discuss what elements are essential in determining whether an individual has been "arrested" or not. You should identify and discuss the difference between a "stop" and an "arrest" in your post.
2.  
   1. During an arrest, a police officer may use "reasonable" force to effectuate the arrest. What does the term "reasonable" mean regarding the amount of force needed during an arrest?
3.  
   1. Should the Supreme Court continue to recognize substantive due process rights in the Constitution?

Answer rating: 100% (QA)

Distinguishing an Arrest from a Stop Elements and the Use of Force Understanding the difference between an arrest and a stop is crucial for both law e... View the full answer