OT:The elements of an arrest

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clearblue

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There are certain functions that need to be performed to reach the point where a person is considered to be under arrest.

These 5 elements of an arrest are essential for an arrest to be completed and successful.

Four (4) elements apply to the Law Enforcement Officer or citizen attempting to make an arrest and
(one) 1 element applies to the subject being arrested.


First--The Officer must have a reasonable belief,information,or evidence that a violation or crime has been committed.

Second-- The Officer must have authority to make arrests. Usually granted by a Government Agency.

Third--The Officer must exercise the arrests in the jurisdiction where his authority is granted.

Fourth-- The Officer must identify himself to the arrestee and state his intent.

Fifth-- The person being arrested MUST SUBMIT to the arrest and cease resistance.

I contend that most citizens have not been educated either in school or by the media to understand what it means
to be arrested. In fact, most Americans have been conditioned by the "Hollywood Film Industry" to violently resist
submission. It seems obvious that neither Hollywood nor the main stream media has an interest in educating the public
regarding what constitutes an arrest.i.e. Rodney King and the 64 year old blackman in New Orleans.

An interesting link further discussing the elements of an arrest:

http://upstatelife.com/cityofeasley/police/elements.htm
 
Excellent point. This would be a good mandatory segment of education in High School. No Semper, not the kind you got off of school grounds....






munk
 
Yeah, bro and just a few more points for anyone here who does not care to get shot by a police officer.

When an officer approaches YOU, and you are in a vechile, keep BOTH OF YOUR HANDS on top of the steering wheel, until the officer says that you can remove them.

When an officer approaches YOU, and you are out of your vechile, keep BOTH OF YOUR HANDS out of your pockets and away from your body or over your head and in open view so the officer can see them.

The general idea is to make sure that the officer clearly sees that you do not have a weapon of any kind in your hands. Then the officer can feel a little more comfortable and not feel threatened and not have his tension level raised to condition level red. It is possible that the particular officer approaching YOU has actually been shot before and is therefore highly gun shy and just may fill YOU full holes if you give him the slightest reason to do so. Or he could have lost some of his fellow officers recently in the line of duty. You have no idea of the tension level of the officer approaching you. So, stick your hands up in the air and smile and be agreeable.

This is something for you to seriously think about and get this concept firmly planted in your head and don't forget it. It could prove to be very healthy for you to learn this and don't forget it.

If you have never been shot, I can personally tell you that I have been shot and it is not a pleasant experience being shot. In fact, it burns like hades and really hurts. Oh yeah bro, you really feel it until the morphine is injected. I need to clarify that it was not cops that I got shot by and I wll leave it at that since I don't care about getting off into war stories.

J. W. Kilpatrick
 
Interesting points.

Does have to submit an arrest, even if the arrest is not justified?
In other words: Are you allowed to judge wheather it is justified or not?

About being shot: I don't really try to get shot by cops. They're not that fast here shooting people for no reason other than you moving your hands.
But these days, maybe it's save to kneel down and put your hands up in the air, just in case. It's our job as good citizens. See 1984.

regards,

Keno
 
Keno, If a police officer tells you to do something and you don't think that he is justified in doing what he is doing, just do exactly what he tells you to do and don't resist him and don't argue with him. You can debate or challenge the legalities of the incident after it is all over with, if you should elect to do so.
The police officer is the final authority on the matter while in the street, since he is the one who is wearing a gun on his hip, right? After all, the police officer doesn't wear the gun on his hip for no reason at all, right?

On our part a citizens, it should go something like this: Yes sir officer, you are absolutely right officer, I am at your command and will fully comply and obey your instructions.

Any ideas of resisting the police officer should be immediately discarded from ones thoughts. It will go better for oneself, if one can just be cooperative with police officers and not resist them or argue with them while out in the street. Just do exactly what you are told to do. Surley this concept of cooperating with police officers cannot really be that hard to grasp and understand and comply with.

However, if one insists on being uncooperative and wants to resist and argue and start a fight with a police officer, guess who is going to be on the losing end of the confrontation.

J. W. Kilpatrick
 
The ACLU has some good stuff about being stopped or arrested

Think carefully about your words, movement, body language, and emotions.

Don't get into an argument with the police.

Remember, anything you say or do can be used against you.

Keep your hands where the police can see them.

Don't run. Don't touch any police officer.

Don't resist even if you believe you are innocent.

Don't complain on the scene or tell the police they're wrong or that you're going to file a complaint.

Do not make any statements regarding the incident. Ask for a lawyer immediately upon your arrest.

Remember officers' badge & patrol car numbers.

Write down everything you remember ASAP.

Try to find witnesses & their names & phone numbers.

If you are injured, take photographs of the injuries as soon as possible, but make sure you seek medical attention first.

If you feel your rights have been violated, file a written complaint with police department's internal affairs division or civilian complaint board.
KEEP THIS CARD HANDY!
IF YOU HAVE A POLICE ENCOUNTER, YOU CAN PROTECT YOURSELF.

1. What you say to the police is always important. What you say can be used against you, and it can give the police an excuse to arrest you, especially if you bad-mouth a police officer.

2. You must show your driver's license and registration when stopped in a car. Otherwise, you don't have to answer any questions if you are detained or arrested, with one important exception. The police may ask for your name if you have been properly detained, and you can be arrested in some states for refusing to give it. If you reasonably fear that your name is incriminating, you can claim the right to remain silent, which may be a defense in case you are arrested anyway.

3. You don't have to consent to any search of yourself, your car or your house. If you DO consent to a search, it can affect your rights later in court. If the police say they have a search warrant, ASK TO SEE IT.

4. Do not interfere with, or obstruct the police -- you can be arrested for it.
IF YOU ARE STOPPED FOR QUESTIONING

1. It's not a crime to refuse to answer questions, but refusing to answer can make the police suspicious about you. If you are asked to identify yourself, see paragraph 2 above.

2. Police may "pat-down" your clothing if they suspect a concealed weapon. Don't physically resist, but make it clear that you don't consent to any further search.

3. Ask if you are under arrest. If you are, you have a right to know why.

4. Don't bad-mouth the police officer or run away, even if you believe what is happening is unreasonable. That could lead to your arrest.
IF YOU'RE STOPPED IN YOUR CAR

1. Upon request, show them your driver's license, registration, and proof of insurance. In certain cases, your car can be searched without a warrant as long as the police have probable cause. To protect yourself later, you should make it clear that you do not consent to a search. It is not lawful for police to arrest you simply for refusing to consent to a search.

2. If you're given a ticket, you should sign it; otherwise you can be arrested. You can always fight the case in court later.

3. If you're suspected of drunk driving (DWI) and refuse to take a blood, urine or breath test, your driver's license may be suspended.
IF YOU'RE ARRESTED OR TAKEN TO A POLICE STATION

1. You have the right to remain silent and to talk to a lawyer before you talk to the police. Tell the police nothing except your name and address. Don't give any explanations, excuses or stories. You can make your defense later, in court, based on what you and your lawyer decide is best.

2. Ask to see a lawyer immediately. If you can't pay for a lawyer, you have a right to a free one, and should ask the police how the lawyer can be contacted. Don't say anything without a lawyer.

3. Within a reasonable time after your arrest, or booking, you have the right to make a local phone call: to a lawyer, bail bondsman, a relative or any other person. The police may not listen to the call to the lawyer.

4. Sometimes you can be released without bail, or have bail lowered. Have your lawyer ask the judge about this possibility. You must be taken before the judge on the next court day after arrest.

5. Do not make any decisions in your case until you have talked with a lawyer.
IN YOUR HOME

1. If the police knock and ask to enter your home, you don't have to admit them unless they have a warrant signed by a judge.

2. However, in some emergency situations (like when a person is screaming for help inside, or when the police are chasing someone) officers are allowed to enter and search your home without a warrant.

3. If you are arrested, the police can search you and the area close by. If you are in a building, "close by" usually means just the room you are in.

We all recognize the need for effective law enforcement, but we should also understand our own rights and responsibilities -- especially in our relationships with the police. Everyone, including minors, has the right to courteous and respectful police treatment.

If your rights are violated, don't try to deal with the situation at the scene. You can discuss the matter with an attorney afterwards, or file a complaint with the Internal Affairs or Civilian Complaint Board.
Produced by the American Civil Liberties Union.
Click to expand...

Very helpful. I have reviewed these with my children.

The big mistake people make is very simple: they talk too much. There is no need to say much of anything and you don't have to be rude about it either.
 
Also, remember to get the officer's name and badge number.
If there is some kind of abuse, you can have HIM arrested later, just like in New Orleans.
Then He will have to keep his hands in plain sight.
 
This thread holds some advice...and some opinions...

I thought long and hard about whether to post or not post this story...

I guess I decided...what the hell...life goes on...what is past is past...

But maybe somebody would benefit from hearing it told...only a few people have ever heard me tell it...or read it in my own words...

Only one person from HI has seen it...my friend John Shirley...

It was a long time ago...just yesterday....

I had moved to San Francisco. After a tough divorce, I scraped up enough money to buy an old Honda hatchback. I was working for a contract security company. High rents in SF left me without a place to live. Growing up in the mid-west, I thought nothing of “camping out” in the car until I would be able to square things away. The tough part was trying to find a place to park at night so I could sleep.

Those were the days when the Presidio was still alive and well. I spent any time off visiting attractions around the “Bay”. Fort Point, underneath the Golden Gate was one of my favorites. One afternoon as I was driving out of the Presidio, I noticed a small parking area just off-post that held room for maybe ten cars. Parked vehicles occupied one or two of the spaces. I couldn’t see the harm in using this as a place to sleep. It was close enough to the post that most people would probably avoid it, and it was far enough away from people, that nobody should feel uncomfortable with my presence.

For about a week it worked fine. I would go there after my shift, normally well after midnight and park. I would put up “curtains” using a sheet, by rolling the edges up in the windows like Mom used to do when the family would take long driving vacations. The curtains allowed me some privacy. It was summer time and muggy in SF. I left the vents open but it was still stuffy inside the little car. I usually stripped down to my underwear before sleeping.

One night after work, I went through the usual routine. I was asleep when I heard a sharp tap on the passenger side window. It sounded like somebody was coming through the glass at any moment. I pulled back the curtain only to have a light put into my eyes. Squinting into the light I just sat there blinking. I heard a loud voice saying, “Sir would you please step out of the car.” I could see the “rollers” lighting up the fog.

I rolled down the window and allowed the curtain to fall so that most of the car’s interior was in plain sight of the officer and his partner. I asked if I could put on some clothes first.

I noticed that these were not SFPD, but Military Police. Both were in BDU’s and looked to be less than 20 years old. While MP One conducted an interview with me with his light in my eyes, MP Two started shining his light into the car. MP One asked for my identification. I gave him my driver’s license, which was in my wallet on the dash. He took it and started to run it over the radio. While he was doing that, MP Two came back. He was angry. He said, ”My partner told you to get out of the car. Step out of the car NOW!”

I could see this was going to be difficult. I am not sure if he saw something he didn’t like or if he just had better things to do. But he was impatient and ready to make something happen. The last thing I wanted was to get arrested for obstruction. So I popped the door and got out.

I guess my move scared him because he had his Berretta against my temple as I tried to stand up. He grabbed my wrist and using the muzzle of the pistol, he pulled me to the ground. He was screaming for me to get down. Officer One was still talking into the radio. As he saw what was going on he jumped in and put handcuffs on me.

There I was in my skivvies, lying on the wet pavement, sleepy, scared, and alone. The angry MP held his gun on me while I watched with one eye from the ground. His hands were shaking. I could see the redness of his knuckles and the white half moon forming under the nail of his trigger finger. He was actually pressing on the DA trigger while I lay there helpless.

It wasn’t long before the SFPD showed up. The first MP had opened my car up and was throwing everything I owned onto the street. They even had my spare tire out, the contents of the glove box on the ground, all my clean clothes, my uniforms, that had been folded neatly were now on the street. Things kind of got quiet when they found my badge.

The SFPD officer came over to speak with me. He was trying hard to make things better.

He waved off the MP with the Beretta. He unlocked the cuffs and helped me get up. I just stood there, pissed off. It had started to mist the way it does in SF in the summer. Even though I was dripping wet and shivering, they let me stand there.

The SFPD officer was handing me little flyers with information about homeless shelters. He was talking about ways for me to get assistance from the state. I finally told him, “Look! I am not homeless. I just don’t have a place to live. I have a good job. I work hard. I don’t bother anybody. I sure as hell don’t need any help from the state. “ He said he understood but gave me his business card anyway.

The two MP’s finished their inventory of my car. They looked disappointed they hadn’t found anything to incriminate me and warrant their behavior. They finally conferred with each other, returned my driver’s license, and then handed me a metal clipboard. The MP One asked if I would sign an interview card. I declined. They gave me back my driver’s license, got into their cruiser and drove back onto the Presidio.

The SFPD officer wished me a good night and reminded me to call if I needed anything. I turned to him, still dripping, still in my underwear, and asked, “Am I even on the military reservation?” He looked at me hard and said, “No sir, you are standing in San Francisco.”

With that he got into his car and drove away.

I couldn’t do much after that. I stuffed all my wet clothes into a garbage bag. Put everything back into the car and drove to a laundro-mat. I went inside stuffed the washers and did my laundry. I still hadn’t put any clothes on. Nobody even noticed.

You see weirder things in SF than a wet naked guy doing laundry.

Once my clothes came out of the drier, I toweled off and put on a T-shirt and sweats. I felt a bit more human. I had survived it. That was better than the alternative.

I can’t help but think about that time in my life. The first time I was held at gunpoint all I lost was some money I could not afford to lose. Money can be replaced. The second time I lost something more important. I lost my dignity. I lost the pride of being a citizen in a country I love. Before that night I always considered myself a “good guy”. I wore a uniform. I helped people. I was working on a degree in Criminal Justice. I didn’t do drugs. I didn’t break the law. I never even had a ticket. But now I was just a homeless crud.

I still follow the rules. I don’t break the law. I try to be respectful of the police. I do the best I can as a citizen, to make my community a better place. Life is good. My wife and my babies are safe. I own a home. The people around me would never know who I was, or what.

But what they don’t realize is that it could all change. At any moment, any of us could be that guy, lying naked in the rain, waiting to die, because somebody is having a bad day.

OK...guys there it is...a glimpse at my life and what I have been.

None of this was right...but it happened.

Shane
 
oh man shane, you should've talked to a lawyer

a shady one who would sue for damages

you could've had a field day with that
 
Never met one which was helpful to a citizen. Never met one which wasnt stupid and bigot. Two or three did it by the numbers when e.g. stoping my car. Most didnt.
Hence police is not to be trusted and shall be avoided.

Sorry, but personal experience wins over any judgement...
 
J. W. Kilpatrick,

I understand your point. Here's some more food for thoughts though:

-Citizens can arrest you too. That's *mostly* the part I was refering to.

-As for the rest, I guess that's just part of todays society - obey the police. obey the authorities, whoever they are - your boss, your local cop, whatever. whatever they tell you to do, you do it. After all, they don't have a gun on their hip/are your boss for no reason, right?

Regards,

Keno
 
The cop has gun because he applied to be a cop and absolved the school. Thats all.He was not appointed by god or something. If you havent comited a crime and are of reasonable health, you can be a cop too.
They are to serve and protect for gods sake. Most of them is quite abusive instead.

There has been a psychological experiment in 70. in which 2 groups of people vere made to be convicts and guards. After 10 days it has to be stopped, because of the brutality of the "guards". These were normal people.Power corrupts. That "gun on the hip" corrupts.

"Obey! Obey!" is comunist doctrine. For those who havent lived in such state - you can comply afterwards (but nobodys going to listen) and if you comply loud enough reason for arresting you can be found anytime.

I DO NOT advise to resist the arresting. But if that happens for no reason, evil is done and mostly the citizen gets no satisfaction, or a reason is found to charge him and keep him quiet.

Surely you might say if I havent comited anything, what can be done.
Are you sure you havent? Are you a lawyer to know it? Is everybody lawyer?
Because the laws and regulations are that spectacular, that you either cannot know them all, or you have to break some just for to live. Everybody is guilty of something, have no ilusion.
 
hawkind, I should have added a smiley to my last sentence. I was being sarcastic.

I was being sarcastic, too, when I said "But these days, maybe it's save to kneel down and put your hands up in the air, just in case. It's our job as good citizens. See 1984."

Keno
 
I don't believe most police officers are corrupt or incompetent. My experience with them is otherwise, mostly in New York City, but also in small town New Jersey. Some are better at the job than others. Some are better trained.

Cooperating with the police does not have to be a humiliating experience. But keeping your own temper in check makes it easier for them to remain professional, too.

Some say that since the police deal with so many of society's worst that they come to see everyone as a potential criminal. I believe that seeing so many of society's worst makes it easier for them to tell the difference.

In any case, it's better to blow off a little steam here than to do it at a traffic stop. :)
 
Clearblue, these are the elements under criminal law of a lawful arrest -- in some jurisdictions. Whether one has been "arrested" for purposes of civil law (as in "false arrest") is a question of whether a reasonable person would believe that their freedom of action was forcibly restrained and whether there was "probable cause" to believe a crime was committed.

There is no "citizen's arrest" in some jurisdictions, such as Ohio. In Ohio, any citizen who "arrests" another has committed a "false arrest" at civil law and is answerable for any "injury" done to the other, including emotional injury and insult. (But a jury isn't going to give a plaintiff much - or anything - if he's clearly a moop.)

JWK, good practical abvice. "He was right, dead right, but he's just as dead as if he'd been wrong."

ACLU, you guys would have pronounced the 117 Commandments. LOL. :rolleyes: How about:

1) Be polite;
2) follow the officer's instructions (If you don't know what to do, ask politely.);
3) don't say anything you don't have to;
4) remember/record everything you can.

Shane, been there. State roadside park near Columbus, Ohio. October, 1965. Rain. Flaselight. Gun. Cuffs. Eventually, a Sgt. arrived and decided to let me go, even if my car had California plates. I do think the first LEO was far more under control than your MP (and it was a .38 S&W -- however, for some reason, the hole in the end was the size of a sewer lid.).



Most persons arrested plead guilty to one or more criminal acts. That's why most people get arrested. Moreover, in my "Legal Clinic" experience, they have committed other criminal acts for which they were not, and never are, arrested.

Results may vary.
 
Shane,
It appears to me from reading your post that you have never been in the military and are unfamiliar with the way that the military mind works.

First of all, the military invests a tremendous amount of authority and power into its military policemen. When a military policeman steps into any particular situation, he automatically assumes that his level of authority is above all others who may be present and in addition to that, if he is young and arrogant and cocky and tends to think of himself as God, with a chip on his shoulder, then you are looking straight into the eyes of somone who expects his ORDERS TO BE IMMEDIATELY COMPLIED WITH. If his orders are not immediately complied with, he immediately looks at this as a form of resistance to his orders. (Not obeying orders is a big no-no in the military. You don't disobey orders from those persons in authority in the military.)

So, here you had a young military policeman with an attitude who also thought of himself as being God and he had just told you to step out of the car and your reaction was not to immediately step out of the car, but rather than complying with God's order, you decided that you would start throwing questions at him. As you discovered, this proved to be an almost fatal mistake. ( You as a civilian who was camping out in his underwear may not agree with his reaction; however, you need to understand that this is not the time to question his (God's) orders. When you don't immediately snap to and and follow his orders, you have just pissed him off real bad and this is not going to be good for you, as you discovered.

Once again, when a man with gun strapped on his hip, with full authority invested in himself, tells you to do something, then snap to and do exactly what he tells you to do. Got it.

Now you don't have to snap to and obey him if you don't care to do so but you are then placing yourself in a position of resisting him and he may decide that it is time to teach you a lesson in compliance to his authority.

That pardner is just the facts of the situation whether you like it or not and you are probably not going to like it. However, be wise and do exactly what he tells you to do without questioning him or challenging him in any way and remember to smile and be agreeable.
J. W. Kilpatrick
 
Shane,
I'm sorry for your experience. I know it was a shock.
I've been through worse.

IT comes as a shock when authority is abusive, when we've been raised to respect that authority and expect a fair approach.

SF had a huge problem with street people. They don't anymore, precisely, as they've driven many of them off.

As far as I know, it is illegal in many incorporated California cities to sleep in your car. They passed these laws because 'hippies' were living in vehicles.

I dislike California- I lived through all this. California is a State where everyone is guilty of some violation or another. There is very little you can do there without running afoul of some regulation, code, or law.

San Francisco used to be one of the greatest cities on Earth.

I'm not sure there are great cities anywhere any more. It's a contradiction in terms.


One thing I liked upon moving to the Rocky Mountain West, was the police were generally pretty good.

It's really just the same old story- if an interaction begins well, it often ends well. If it begins under erronious assumptions, and you can't see this and steer it in the right direction, you suffer. This has always been true.


munk
 
Police and LEO's are just like regular people in some ways - some are good, some are bad. Only thing you can do is try not to stereotype them all. During my early 20's I lived in Cobb Co, Georgia. Most of the Police in that area I ran into were not good examples. Had 1 incident where I was cut off by what I thought was a civilian car, that I threw a coke can at. Well they drove by with the passenger flashing a S&W J-Frame. When I got home I got a anonymous call telling me I had better watch out on who I threw stuff at. Obviously it was a Cop as they had gotten my info from my license plate. I reported it but nothing was done about it nor did the interviewing officer seem to believe me.

I now live in Gordon Co. Georgia which is more of a small town. The Police here are friendlier to the people in the community. Drive by going 10mph over the speed limit they just flick their lights on an off to let you know to slow down. Bunch of High School kids in a Parking Lot with their Tricked out cars showing them off. Well there is a Police Officer looking at them too - not hassleing them but admiring them - bet those kids will listen to that type of Cop more readily too. Being a smaller community the Police around here realize if they don't conduct themselves well and mistreat the people they serve it will not go well for them as members of said community.
 
I actually feel kind of bad for our base police. You ought to hear some of the stories they tell me. I've been told that they're no longer allowed to ask a suspected DUI/DWI if they've been drinking because the courts consider it self-incrimination if they answer in the affirmative and tend to throw the case out.

Funny...the civilian police always seem to ask that one.

The worst stories are the domestic violence ones. "Hell, anyone could see what was happening, but orders are orders and the law's the law." It can be a difficult job.

One thing that we're often drilled on, both officially and unofficially, is perception. When you're doing what you're doing - even if it's what you're supposed to be doing - how will someone else perceive it?

Once or twice a month there will be (I'm not kidding you) five or more marked units from several precincts - State Police, Kitsap County deputies, etc. - lined up one behind the other on the offramp next to base, always on a Friday afternoon, radar guns up and running. It's very clear what their strategy is and who they're targeting, and why. Are they doing their jobs? Yes, they are, but it's very easy to see why some of us can become resentful about it.
 
Keno: I read "1984" just after comunists left back in 1989. I was shocked because I knew it. The book was too real.
Even more alarming is that Orwell wrote that without knowing the red reality.
 
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