NCJ Number
126279
Date Published
1991
Length
12 pages
Annotation
Supreme Court decisions concerning arrest are analyzed for their significance to law enforcement.
Abstract
In the case Frisbie v. Collins, 342 U.S. 519 (1952), the court ruled that an unlawful arrest had no impact on a subsequent criminal prosecution. It was decided in Cupp v. Murphy, 412 U.S. 291 (1973), that the police may make a seizure without warrant of evidence that is likely to disappear before a warrant can be obtained. The taking of a person into custody against his or her will for the purpose of criminal prosecution or interrogation constitutes an arrest for which probable cause is needed, as was concluded in the case Dunaway v. New York, 442 U.S. 200 (1979). In Payton v. New York, 445 U.S. 573 (1980), the Court determined that in the absence of exigent circumstances or consent, the police may not enter a private home to make a routine, warrantless felony arrest. In a case concerning sobriety checkpoints, Michigan Department of State Police v. Sitz, S.Ct. (1990) WL 78597, it was decided that the 4th and 14th amendment protections against unreasonable searches and seizures are not violated when the police stop every vehicle. And finally, in the case Pennsylvania v. Muniz, S.Ct. (1990) WL 80461, the police may ask persons suspected of driving while intoxicated routine questions and videotape their responses without giving Miranda warnings.