Author Question: Explain a temporary detention versus an arrest and when each may be used. What will be an ideal ... (Read 48 times)

plus1 · **on:** Aug 17, 2018

Explain a temporary detention versus an arrest and when each may be used.

What will be an ideal response?

Question 2

Match each term/case listed in Column 1 to its definition/description in Column 2.

1. Illinois v. Lidster
2. Michigan Department of State Police v. Sitz
3. Terry v. Ohio
4. Temporary detention
5. Formal Arrest Justification
6. United States v. Sharp
7. Formal Arrest Notice
8. Reasonable Suspicion
9. A frisk
10. NYPD stop-and-frisk
practices

a. The landmark Stop & Frisk case.
b. Highway checkpoint stops where a relevant public concern is grave are legal.
c. The police practice to stop suspicious persons in public places for the purposes of questioning
d. Sobriety checkpoints are reasonable considering the increasing number of alcohol related deaths and mutilations on the nation's roads.
e. An officer is required to notify the person to be arrested that he or she is under arrest.
f. Is justifiable only if there is reason to believe that the person may be armed and is dangerous.
g. A Terry-type stop will ordinarily be for a fairly short duration and that the detention will be no longer than necessary to effectuate the purpose of the detention.
h. There have been claims by many public groups that this program has been directed primarily against persons who appear to be of a minority race.
i. Less than probable cause
j. Probable cause to believe that the person to be arrested has committed or is committing a crime.

jomama · **Reply #1 on:** Aug 17, 2018

Answer to Question 1

Answer: Mere temporary detention for questioning is not considered to be an arrest. If, however, police restraint
goes beyond that which is reasonably necessary for questioning, an arrest may result. For example,
handcuffing an alleged drug dealer and moving to another area of the airport for questioning is
considered to be an arrest.

Answer to Question 2

1. B
2. D
3. A
4. C
5. J
6. G
7. E
8. I
9. F
10. H