NCJ Number
17401
Date Published
Unknown
Length
24 pages
Annotation
CIRCUMSTANCES AND PROCEDURES RELATIVE TO PROBABLE CAUSE FOR EMERGENCY ARRESTS.
Abstract
THREE TYPICAL EMERGENCY ARREST CASES IN WHICH THE COURTS FOUND CAUSE FOR THE ARREST ARE DISCUSSED AND ANALIZED. THE AUTHOR CONCLUDES THAT PROBABLE CAUSE FOR AN EMERGENCY ARREST IS LIKELY TO BE FOUND WHERE (1) THE OFFICERS OBSERVE SOMEONE DOING SOMETHING WHICH COMMON SENSE TELLS THEM IS MORE LIKELY TO BE CRIMINAL THAN INNOCENT; (2) THE CIRCUMSTANCES ARE SUCH THAT INVESTIGATION CAN NOT WAIT, AND (3) THE OFFICERS GIVE THE SUSPECT A FAIR CHANCE TO COME UP WITH AN INNOCENT EXPLANATION, BUT WHAT THEY SEE AND HEAR POINTS MORE TOWARD GUILT OF A CRIME OF SOME KIND THAN TOWARD INNOCENCE. ALSO EXAMINED ARE THE DANGER TO THE OFFICER IN FINDING PROBABLE CAUSE FOR EMERGENCY ARREST AND THE GENERAL RULES ON FINDING PROBABLE CAUSE IN ALL CASES. IN ADDITION, THE POLICE KNOWLEDGE AND SKILL NEEDED TO DEVELOP PROBABLE CAUSE IS CONSDIERED TOGETHER WITH A DISCUSSION OF PROBABLE CAUSE AND THE POLICE ADMINISTRATOR. THE SERIES IS COMPOSED OF NCJ-17285 THROUGH 17290 AND NCJ-17390 THROUGH 17411. (AUTHOR ABSTRACT MODIFIED)