QUESTIONS 6, 7, AND 8
Questions6, 7, And 8
Questions6, 7, And 8
Apolice officer can arrest a motorist if they believe that they havecommitted a traffic offence (Virginiav. Moore, U.S. Sup. Ct. 2009).The police officer can search the passengers if he believes that thepassengers or driver may have weapons (Maryland v. Wilson, U.S. Sup.Ct. 1998). A police officer can question a driver or passenger aboutmatters related or unrelated to the stop. A case in point is Arizonav. Johnson, U.S. Sup. Ct. (2009). Apolice officer can force a driver and its occupants to stay until hehas finished with the search (Arizonav. Johnson, U.S. Sup. Ct. 2009).
Accordingto the decision in Arizona v. Gant Supra, the police officers cannotconduct an extensive search of the vehicle unless they obtain apermit. The police officer cannot use a stop to launch extensiveinvestigations unless the officer has a reasonable cause to believethat the truck may contain weapons. A police officer cannot use thepretext of a stop to interrogate the car occupants unless he believesthat the occupants may have committed some serious crimes (Dempsey& Forst 2013).
Accordingto McInnis(2009) ade facto arrest refers to when a police officer carries out anintrusive stop that is longer than necessary or recommend by law. Itmay also occur when a reasonable person is under the notion that theyare not free to leave when they are under the presence of the police.A de facto arrest is also a forcible restraint that is done todeprive a person their liberty. The deprivation of power may bethrough keeping that person in custody so that they can respond tocriminal charges.
Ade facto arrest may be done by any act that demonstrates or indicatesthat there is an intention to put the arrestee in custody. Putting ortouching hands of the arrestee can also do it. The arrest can also bedone by consent of the person being arrested. It is important to notethat the de facto arrest only happens when there is restraint fromthe arrestee, and the restraint has to be under pretended or reallegal authority (McInnis2009).
Apolice officer’s stop is when an officer stops a vehicle or anindividual for a reasonable concern and stops the person for areasonable time. If a police officer holds a person or vehicle forunreasonably longer time, it amounts to an arrest because the personis confined in the police custody. The police officers must have awarrant to search or even take someone to the police station. Theperson is detained briefly, and the police officers continue withtheir investigative purposes. However in de facto arrest the policeofficers must not have an arrest warrant conducting any search. Ifthey believe, they have personal grounds to conduct the search thenthey are allowed by law. In de facto arrest, a person can be arrestedand detained for a longer period until the police officers finishwith their investigations. However, in de facto arrest the policeofficers can penalize the drivers instantly instead of taking theperson to the police station. An arrest by police officers must havetransportation to the police station but for de facto arrests, it isnot necessary that the transportation be provided. Police arrests inmost cases are involuntary especially when someone is being taken tothe police station for interrogation or investigation. A de factoarrest is voluntary and in most cases, the person has agreed to beinterrogated by the police officers. There are well-established lawsregarding police arrests unlike the de facto arrests that do not havedefinite established laws that the police officers can use (Levesque2005).
Arizonav. Johnson, U.S. Sup. Ct. 2009
Dempsey,J. S., & Forst, L. S. (2013). Police.Clifton Park, NY: Delmar Cengage Learning.
Levesque,R. J. R. (2005). Thepsychology and law of criminal justice processes: Cases andmaterials.New York: Nova Science Publishers.
Marylandv. Wilson, U.S. Sup. Ct. 1998
McInnis,T. N. (2009). Theevolution of the Fourth Amendment.Lanham, MD: Lexington Books.
Virginiav. Moore,U.S. Sup. Ct. 2009