To make an arrest, a police officer must have probable cause that a crime has happened or
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Question:
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:
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- 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.
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- 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?
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- Should the Supreme Court continue to recognize substantive due process rights in the Constitution?
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