Arrest: – An arrest is the act of depriving an individual of his liberty by legal authority. This is to inform you the two procedures of arrest. The procedures of arrest are warrant and non-warrant. In warrant situation, the officer has the advantage of prior planning in order to effect the arrest successfully. Arrest procedure with warrant- officers must consider the following: 1. Superiority of manpower – Don’t be a hero, go with back-up officers.
2. Superiority of fire power – The more officer you have for back-up the more fire you have to counter whatever weapons arrested may have. 3. Simplicity the planning – let all the participants know their duties. 4.
Use the element of surprise to avoid resistance or flee. 5. Speed – have all participants move swiftly and efficiently. 6.
Advantage – Determine the most advantageous entrance, area of cover and concealment. Non-warrant arrest – In this situation, there are dangers because of lack of time for proper planning. However, officers must consider the followings: 1. Preparation – even though officers do not have time advantage, you can still prepare your arrest to certain extent: A) Select a spot to your advantage. B) Well-lighted area.
C) Away from crowd. 2. Scan the area quickly as you approach for the arrest. A.
Be alert for object within the reach of the suspect. B. Look for avenue of escape. C.
Look for concealment of a friend of the suspect. D. Treat all suspects as a potentially dangerous. In conclusion, safety is the issue in any type of arrest. Always put the suspect at disadvantage..
The Term Paper on Arrest, Search Warrants and Probable Cause
1. The United States Supreme Court has held that normally, a police seizure of either evidence of a crime in a constitutionally protected area or a possible criminal defendant must be based on probable cause (e.g., Illinois v. Gates (1983)). Furthermore, the Court has repeatedly stated that a government search or seizure on private premises without a warrant is presumptively unreasonable under ...