Privilege from Arrest

Arrest in the Costitution

An arrest is the seizure of a person. When officers make a lawful arrest, they do not need a warrant to search “the area within which [the suspect] might gain possession of a weapon or destructible evidence” (this rule was first laid down in Chimelv. California, 1969) In fact, most arrests take place without a warrant. Police can arrest a person in a public place without one, provided they have probable cause to believe that person has committed or is about to commit a crime. A person arrested without a warrant must be brought promptly before a judge for a probable cause hearing. In County of.Riverside v. McLaughin, 1991, the Court held that “promptly” means within 48 hours.

Illinois v. Wardlow, 2000, illustrates this point. There, four police cars were patrolling a high-crime area in Chicago. When Wardlow spotted them, he ran. An officer chased him down an alley, caught him, and found that Wardlow was carrying a loaded pistol. The Court held, 5-4, that Wardlow’s behavior–his flight–gave the police “common sense” grounds on which to believe that he was involved in some criminal activity. (Note, however, that the Court did not hold that police have a blanket power to stop anyone who flees at the sight of a police officer.)

When, exactly, does the 4th Amendment protection come into play? The Court has several times held that this point is reached “only when the officer, by means of physical force or show of authority, has in some way restrained the liberty of a citizen,” Terry v. Ohio, 1968.

Members of Congress Privilege from Arrest

This clause is practically obsolete. It applies only to arrests in civil suits, which were still common in this country at the time the Constitution was adopted.1 It does not apply to service of process in either civil 2 or criminal cases.3 Nor does it apply to arrest in any criminal case. The phrase “treason, felony or breach of the peace” is interpreted to withdraw all criminal offenses from the operation of the privilege.4

Resources

References

This text about Privilege from Arrest is based on “The Constitution of the United States of America: Analysis and Interpretation”, published by the U.S. Government Printing Office.

[Footnote 1] Long v. Ansell, 293 U.S. 76 (1934).

[Footnote 2] 293 U.S. at 83.

[Footnote 3] United States v. Cooper, 4 U.S. (4 Dall.) 341 (C.C. Pa. 1800).

[Footnote 4] Williamson v. United States, 207 U.S. 425, 446 (1908).

Tables of Contents

• Privilege from Arrest and other Topics in the Contents – Article 1 of the U.S. Constitution
• U.S. Constitutional Law Category
• List of amendments to the U.S. Constitution
• Privilege from Arrest and other Topics in the Constitution Contents
• Interpretation of the U.S. Constitution (Table of Contents)
• Clauses of the Constitution (Table of Contents)