What Are The Four Elements Of An Arrest

Constitutional Rights
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Constitutional Rights
Elements of Arrest
There are four elements of arrest. These are intent to arrest, authority to arrest, subjection to arrest and understanding by the person arrested that an arrest has occurred. Intent to arrest is transmitted by arresting officer's actions or by verbal means, and this is important because it shows that there will be an arrest (Del Carmen 2013). The arresting officers derive the authority to arrest suspects and put in custody from the state laws. The authority gives the power the police officers to arrest criminals whenever they commit a crime (Del Carmen 2013).
Subjection to arrest takes place when the suspect willingly submits to the arresting officers or is forcefully pushed into detainment through actual or constructive seizure. An actual seizure occurs when the arresting officers involve the use of firearms or hands in arresting the suspect while constructive seizure occurs when the arrestee submits to the police custody by walking there to surrender (Del Carmen 2013). Lastly, the arrestee should be made to understand why he or she is being arrested. The arresting officer will state the reason for an arrest to the suspect during the time of arrest. However, in situations where the arrestee is under the influence of drugs, insane state or unconscious and the arrestee may not be made to understand why they are arrested (Del Carmen 2013).
Requirements for Search and Seizure with Warrant
Search warrant requirements are outlined in the Fourth Amendment to the United States Constitution to protect the rights of the arrestee. The Amendment guarantees the citizens to be secure in their persons, papers, houses and effects against irrational searches and seizures. The Fourth Amendment identifies four search warrant requirements (Hong, Yu and Lee 2013). First, an arresting officer is required by law to establish probable cause that satisfies the judge as to why the arrestee should be arrested. The police officer or arresting officer should provide facts and circumstances to the best of his or her knowledge that the suspect has committed or is about to commit a crime (Hong, Yu and Lee 2013).
Second, the arresting officer must take an oath or affirmation to swear that the facts and circumstances presented to warrant the arrest order of the suspect are truthful. The arresting officer takes the oath before a court judge (Hong, Yu and Lee 2013). Third, the Amendment requires that the arresting agents must describe the place to be searched. This is to ensure that the search is conducted within the acceptable places within the law hence not extending to violating the privacy of the suspect. Fourth, the search warrant is required to outline the persons or things to be searched (Hong, Yu and Lee 2013). This requirement ensures that the arresting officers maintain objectivity during searches as they focus on searching the people indicated in the warrant or specific things specified.
Plain View Doctrine
Plain view doctrine is a rule that allows the police officers to seizure objects or goods that fall in the plain view without seeking seizure or search warrant given that they were on duty and are were a...