Author Question: Under what circumstances does the Fourth Amendment require that an arrest be made with a warrant? ... (Read 25 times)

javeds · **on:** Aug 16, 2018

Under what circumstances does the Fourth Amendment require that an arrest be made with a warrant?

What will be an ideal response?

Question 2

Define, compare, and contrast actual and constructive seizures. Give an example of each.

What will be an ideal response?

Meganchabluk · **Reply #1 on:** Aug 16, 2018

Answer to Question 1

An arrest must be made with a warrant if the crime is not committed in the officer's
presence, if the suspect is in a private residence and there is no reason for an
immediate arrest, or in home entries for minor offenses. The exception of exigent
circumstances applies often in the first circumstance.

Answer to Question 2

Actual seizures are the taking of persons into custody with the use of hands, force,
or firearms. An example is when the officer handcuffs the suspect. Constructive
seizures occur without any physical touching, grabbing, holding, or use of force when
the individual peacefully submits to the officer's will and control. An example is
when the officer directs the person to get into the back of the patrol car.