ABSTRACT

The law of arrest and seizures of persons is of great importance to law enforcement officers. An illegal arrest or seizure of a person violates the constitutional rights of an individual and can lead to lawsuits against the police. Not all detentions constitute an arrest. An arrest is defined as the taking of a person into custody against his or her will for the purpose of criminal prosecution or interrogation (Dunaway v. New York, 442 U.S. 200 [1979]). A seizure of a person occurs only when there is governmental termination of freedom of movement through means intentionally applied (Brower v. County of Inyo, 489 U.S. 593 [1989]). Both of these legal issues will be addressed in this chapter.