LAWS OF ARREST (WITH 1973 SUPPLEMENT)

• NCJ Number: 9612
• Author(s): E C FISHER; R L DONIGAN
• Date Published: 1967
• Length: 451 pages
• Corporate Author: Northwestern University Traffic Institute
• Sale Source: Northwestern University Traffic Institute
• Language: English
• Country: United States of America

Annotation

ELEMENTS OF ARREST, THE RIGHTS OF ARRESTEES AND OFFICERS, AND THE SITUATIONS IN WHICH ARRESTS CAN BE MADE BOTH WITH AND WITHOUT WARRANTS.

Abstract

SUCCESS OR FAILURE IN THE COURTROOM CAN DEPEND ON THE LEGALITY OF THE ARREST, PARTICULARLY IN CASES INVOLVING THE ADMISSABILITY OF EVIDENCE OBTAINED BY A SEARCH INCIDENT TO ARREST. THERE IS A SUBSTANTIAL BODY OF LAW DETAILING THE BOUNDARIES OF THE LAW ENFORCEMENT OFFICER'S ARREST POWERS. EACH CHAPTER DISCUSSES A SPECIFIC ASPECT OF ARREST WITH REFERENCE TO HISTORICAL BACKGROUND, LEGAL CONSTRAINTS, AND APPLICABLE CASE LAW. FOR EXAMPLE, THE CHAPTER ON 'CIVIL LIABILITY FOR FALSE ARREST' FIRST DISTINGUISHES FALSE ARREST FROM FALSE IMPRISONMENT AND MALICIOUS PROSECUTION. IT THEN DISCUSSES THE DEFENSES TO AN ACTION FOR FALSE ARREST AND THE PERSONAL LIABILITY OF THE ARRESTING OFFICER, HIS ASSISTANTS, AND HIS SUPERIOR. THE CHAPTER CONCLUDES WITH A DISCUSSION OF THE EFFECT OF A WAIVER OF THE RIGHT TO SUE FOR FALSE ARREST. EACH CHAPTER IS THOROUGHLY FOOTNOTED WITH DEFINITIONAL, BIBLIOGRAPHIC, AND CASE MATERIAL. THE ENTIRE TEXT SHOULD BE USED IN CONJUNCTION WITH THE 1973 SUPPLEMENT WHICH ADDS NEW DEVELOPMENTS IN THE LAW AND RECENT COURT DECISIONS. (SNI ABSTRACT)