WARRANTLESS ARRESTS BY POLICE SURVIVE A CONSTITUTIONAL CHALLENGE - UNITED STATES V WATSON, 96 S CT 820 (1976)

• NCJ Number: 37556
• Journal: American Criminal Law Review Volume: 14 Issue: 1 Dated: (SUMMER 1976) Pages: 193-216
• Author(s): R J COLLERI
• Date Published: 1976
• Length: 24 pages
• Corporate Author: American Bar Assoc.
• Publication Format: Article
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

A DISCUSSION OF A RECENT DECISION (U.S. V. WATSON) IN WHICH THE SUPREME COURT HELD THAT WARRANTLESS FELONY ARRESTS DO NOT VIOLATE THE FOURTH AMENDMENT IF BASED ON PROBABLE CAUSE AND MADE IN A PUBLIC PLACE.

Abstract

THE ARTICLE CONCLUDES THAT THE SUPREME COURT MADE A JUSTIFIABLE AND PRACTICAL DECISION IN THIS CASE. INDIVIDUAL RIGHTS TO PRIVACY AND THE PUBLIC'S RIGHT TO ADEQUATE AND EFFECTIVE LAW ENFORCEMENT ARE BALANCED IN THE CONTEXT OF AN ARREST AND SEARCH IN A PUBLIC PLACE, EVEN IF OBTAINING AN ARREST WARRANT WAS PRACTICABLE. HOWEVER IT DOES NOT NECESSARILY FOLLOW THAT THIS BALANCING OF INTERESTS ALSO JUSTIFIES WARRANTLESS ENTRY OF A PRIVATE PLACE TO MAKE SUCH AN ARREST. (AUTHOR ABSTRACT MODIFIED)