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History and Political Science - Coursework Example

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Name Professor Class Date History and Political Science Explain at what point a person is considered “under arrest.” => Technically, a person is considered under arrest once the Miranda warming is given to the person being arrested. This is because if the person is just under temporary detention or “stop,” no Miranda warning is required (Harr, Hess, and Orthmann 240)…
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History and Political Science
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Download file to see previous pages Both a stop and an arrest are considered “seizures regulated by the Fourth Amendment” and “must be justified by reasonable suspicion of criminal activity on the part of the detainee” before they can be enacted (Harr, Hess, and Orthmann 233). Furthermore, the intensity and scope of a seizure determines the transformation of a stop to an arrest (Harr, Hess, and Orthmann 233). A stop is considered a temporary detention, while an arrest is more of a long-term detention. ...
On the contrary, Terry recognized that it may be the essence of good police work to adopt an immediate response. (Harr, Hess, and Orthmann 235) A reasonable suspicion for a stop or a probable cause for an arrest depends on the “totality of the circumstances” (Harr, Hess, and Orthmann 235). While “an anonymous tip, with nothing else, has been held to lack sufficient reliability to establish the reasonable suspicion for a...stop” (Harr, Hess, and Orthmann 235), other circumstances, such as “flight from police” may be a “relevant factor overall” (Harr, Hess, and Orthmann 235). This should be held in view of “the totality of the circumstances” (Harr, Hess, and Orthmann 235). One good example given is when a person suddenly fled at the sight of the police in a high-criminal area. While it may automatically indicate any wrongdoing of the part of the person who fled, the overall circumstances provide the police reasonable suspicion. When evidences are found on the person, then there will be a probable cause for an arrest (Harr, Hess, and Orthmann 236-7). How much force can be used by an officer when executing an arrest? How is it determined? => During seizures such as an arrest or a stop, “Terry allows officers to take all necessary steps to protect themselves if the circumstances reasonably warrant such measures” (Harr, Hess, and Orthmann 238). If the situation requires such actions, the police officer may 1) “draw their weapons,” 2) “have a reasonable number of backup officers,” and; 3) “handcuff individuals or place them in the back of a squad car” (Harr, Hess, and Orthmann 238). However, sometimes, even just a “frisk [is enough] protective action” during seizures (Harr, Hess, and ...Download file to see next pagesRead More
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