Constitutional Law: Arrest - Assignment Example

Comments (0) Cite this document
Even in the absence of wrongdoing, a law enforcement officer may approach someone and initiate a conversation with him, and the constitution will still not have been violated. This is as long as an individual remains free to end the discussion and walk away. As long as the…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER91% of users find it useful
Constitutional Law: Arrest
Read TextPreview

Extract of sample "Constitutional Law: Arrest"

Constitutional Law: Arrest Number Introduction Even in the absence of wrongdoing, a law enforcement officer may approach someone and initiate a conversation with him, and the constitution will still not have been violated. This is as long as an individual remains free to end the discussion and walk away. As long as the individual has these freedoms, the experience can be best dismissed as consensual encounter. Interestingly, these freedoms are the factors that may define what an arrest, a stop and a simple encounter are.
An Arrest
Simply put, an arrest is the act of depriving an individual his liberty, in relation to aid an investigation, prevent an impending crime or to present the arrestee before the court of law, as part of a criminal justice system. In order for an arrest to be made, there has to be a probable cause, or an arrest warrant. The probable cause constitutes an objective indication that the potential arrestee more likely than not, committed, or is committing a crime. An example of a probable cause is when gunshots are heard in a church worship service and someone in a balaclava immediately rushes out of the church’s precincts, and boards a motorcycle, gun-in-hand. An arrest may also be accompanied with a search, after the arrestee has been arrested (Campbell, 2005).
A Stop
A stop is a brief detention of a person or persons by police, on grounds of reasonable suspicion. The crux of the matter herein is that a stop is made if there is reasonable suspicion that the individual that the police has held is [or was] involved in a criminal activity. A part from the fact that a stop lasts for a short time, the main or fundamental difference between a stop and an arrest is that a stop has no probable cause. In fact, in the event that probable cause has been established, a stop may lead to an arrest. Nevertheless, there are instances when a police officer may stop an individual without reasonable suspicion. This is when a crime [such as a terrorist attack] has just taken place and people are running away from the site of attack. Conversely, this may also happen when officers are acting on a tip-off on a crime that is about to occur.
A Simple Encounter on the Street between a Police Officer and a Citizen Not Suspected of Any Criminal Activity
A simple encounter in the street between a police officer and a citizen not suspected of any criminal activity may be akin to the aforementioned consensual encounter and is nearly inevitable since an officer can talk to any citizen at any time. In a simple encounter, the police officer may only speak to [or with] the citizen. This is the case since, the fact that the citizen is not suspected to have engaged in any criminal activity, deprives the police officer any reason to curtail any of the citizen’s rights. As long as the citizen becomes suspect of any criminal activity through probable cause, reasonable suspicion or an arrest warrant, the encounter between the citizen and the police officer ceases to be simple. In case of reasonable suspicion, the police may conduct a stop, while probable cause or an arrest warrant elicits an arrest.

Campbell, B. J. (2005). Encounters with the Authorities. River Teeth: A Journal of Nonfiction Narrative, 6 (1), 103 – 114. Read More
Cite this document
  • APA
  • MLA
(“Constitutional Law: Arrest Assignment Example | Topics and Well Written Essays - 250 words”, n.d.)
Constitutional Law: Arrest Assignment Example | Topics and Well Written Essays - 250 words. Retrieved from
(Constitutional Law: Arrest Assignment Example | Topics and Well Written Essays - 250 Words)
Constitutional Law: Arrest Assignment Example | Topics and Well Written Essays - 250 Words.
“Constitutional Law: Arrest Assignment Example | Topics and Well Written Essays - 250 Words”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Constitutional Law: Arrest

Constitutional law

...Constitutional law Question l a In my opinion, based on the constant disruption tea partiers cause in congressional office buildings and capitol, it is unlawful for any individual within a hundred feet of any congressional office building in addition to the Capital Building to advance a representative within eight feet to pass any kind of pamphlet. This is based on probable difference in views between the Capital Building representative and the elected representative. In addition, restrictions are stipulated in regards to matters of security and safety. Moreover, it is unlawful for any person to wave a sign to or engage in oral protest during congressional hearing without consent from the chairperson....
4 Pages(1000 words)Essay


...?CONSTITUTIONAL LAW HR ACT 1998 Introduction The United Kingdom in 1951 ratified the European Convention on Human Rights (ECHR), which was adopted in1950. The objective of the ECHR was to provide binding effect to the guarantees of several rights and freedoms enshrined in the UN Declaration on Human Rights. The ECHR also attempted to create a balance between the interests of society at large and protection of the fundamental rights of individuals in democratic countries. The HR Act 1998 gave binding effect to ECHR in the United Kingdom and thus allowed disputes regarding the rights in the Conventions to be brought under the purview of the courts in the United Kingdom. Prior to the HR Act 1998, any individual seeking to challenge... the...
3 Pages(750 words)Term Paper

Constitutional Rights before and after Arrest

...? Constitutional rights before and after arrest Sandra Clay Kellie Callahan POL:303: The American Constitution Constitutional rights before and afterarrest The theory of the United States Constitution was initially a resultant from the suppression of the general public who once suffered and tolerated the British rule. Rights were formed by the circlet and only were applied to those people the kingdom felt commendable. When charged of law-breaking, a civilian had very restricted defense and assurances of justice and appropriate procedure. In an attempt to offer definite and assured constitutional rights to individuals...
8 Pages(2000 words)Research Paper

Law Constitutional & Administrative Law

...when it exercises its prerogative powers by imposing remedies if they are done in such a way that they violate the constitution of a country. Before the advent of the twentieth century, the exercise of the prerogative powers by the Crown could not be questioned in a court of law bit now it is possible to question the constitutionality of the orders of the executive (Hadfield 1999, pp.197-232) as shown in the case of Operation Dismantle v the Queen.3 In this case, the judiciary reviewed some executive prerogative orders as they were deemed to be contrary to the provisions of the Canadian constitution and the Charter of Rights and Freedoms (Hogg 2003, p.17). This case gave the courts power...
6 Pages(1500 words)Essay

Constitutional Law

...summarily searched and harassed, the entire fabric an understanding of why the freedom of speech was important and should be appreciated would necessarily evaporate (Harr, 2012). Similarly, the right to own and bear arms would have little if any merit if any and all non-owners worsen merely harassed and searched by law enforcement officials at each and every juncture. The same can of course be applied with regards to the rights of African-Americans or women to vote, the same could be applied with regards to freedom of assembly and/or freedom of religion. In fact, each and every amendment the United States Constitution is predicated upon the belief that the United States government will not retaliate...
3 Pages(750 words)Essay

Constitutional Law

...Running Head: Constitutional law Constitutional Law s Constitutional Law A constitution is a system of rules which describes the structure and powers of government, the relationship between different parts of the government and citizen. When talking about a constitutional government, we really mean whether or not the United Kingdom has a constitution. This is a discussion which has been argued over many years. The sources of the constitution are also important, statue law, common law, royal prerogative, conventions, works of authority,...
4 Pages(1000 words)Essay

Constitutional Law

...and Masterman observe: “…at the same time they were proud of their long-established common law and constitutional traditions, including deference to parliament and to the executive in judicial review cases, as manifested in the Wednesbury doctrine.”5 The Wednesbury doctrine is the approach adapted by the courts in respect of judicial review in Associated Provincial Picture Houses Ltd v.Wednesbury Corporation [1948] 1 KB 223. In this case it was held that the applicant for judicial review is required to satisfy the court that no reasonable public official would have reached the conclusion that the official under review came to.6 Moreover, the court went on to state that it will not stand in an appellate...
14 Pages(3500 words)Essay

Constitutional Law: Search Incident to Arrest

...Constitutional Law: Search Incident to Arrest The United s v. Pope On August, 16th 2009, Officer Ken Marcus was called upon to attend from a complaint (Pope 2014). There was loud music and there was the use of a public address system. The events append in El Dorado national part in a large gathering of people (Pope 2014). Additionally, the events were recorded in a video which makes any incidence in the event undisputed. Officer Marcus was the only officer on the scene which made him careful in his approach in case on any confrontations. Pope confronted Officer Marcus after he arrested one of his friends and he was at the back of the patrol car (Pope 2014). ...
2 Pages(500 words)Assignment

Constitutional Law

...Due Constitutional Law: v Pittman Facts of the Case Christopher Pittman is a 25-year-old male convicted of killing his grandparents. The defendant was 12 years at the time of the crime. The accused was proven guilty of murder by a court of law in 2005. Though he was a juvenile at the time of the crime, the court decided to try him as an adult due to the magnitude of the crime. The court thus considered the accused as an adult and handed a maximum sentence of 30 years in prison. Pittman had depression before committing the crime. He was under medication. He used an anti-depressant, Paxil, as medication for depression. The juvenile was sent by his father to live with the paternal...
6 Pages(1500 words)Essay

Constitutional law

...Constitutional Law Constitution is a body of legislation or statutes that establishes how an organization is governed, who administers it and what powers they have to do so.1 An organization could be just a small private group, or it could be as powerful as the national government. The constitution states the powers of individuals and protects the rights of the citizens.2 The constitution may be codified like but some countries such as such as U.K. and New Zealand have no codified laws.3 The focus of this study is to examine the separation of government powers essential for the realization of societal values such as equality, liberty,...
8 Pages(2000 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Assignment on topic Constitutional Law: Arrest for FREE!

Contact Us