The four elements of an arrest are the intent to arrest, authority to arrest, subjection to arrest
Question:
The four elements of an arrest are the intent to arrest, authority to arrest, subjection to arrest and the understanding by the person arrested that an arrest has occured. By understanding these four elements of an arrest, these specific four elements are what help the justice system be more fair and help the suspect through the legal system fast and fairly. The 4th amendement of the constitution includes multiple qualifications that must be met for an arrest to be legally vaild. These specific qualifications include one document.
That document is a vaild arrest warrant. An arrest warrant is only vaild when it is supported by an oath, or affirmation, when there is probable cause to issue the arrant and lastly when the warrant is specific enough to describe the person that was arrested. The oath or affirmation requirement means that the police officer that made the arrest, must confirm that the facts provided are true. The probable cause requirment makes an arrest warrant unattainable by law enforcement officials. The last requirement is the actual arrest itself. This is when the police officers or other law enforcment officials bring a suspect and/or criminal into custody so they can be questioned and interrigated.
Why would you agree with this statement? How would you respond to this statement?
Smith and Roberson Business Law
ISBN: 978-0538473637
15th Edition
Authors: Richard A. Mann, Barry S. Roberts