23-30 Laws of Arrest.pdf

DONNY YOUNGBLOOD 1350 Norris Road, Bakersfield, California 93308-2231 Sheriff-Coroner Telephone (661) 391-7500 TRAINING BULLETIN ISSUE: 23-30 DATE: March 9, 2023 LAWS OF ARREST ISSUE: The reinforcement of reasonable suspicion stops (Terry v. Ohio) and searches of a possible suspect (s). Terry v. Ohio (1968) 392 US 1.the U.S. Supreme Court differentiated “detentions” from “arrests,” and held that wheras an arrest must be justified by probable cause, a detention is constitutionally appropriate under reasonable suspicion. A pedestrian stop or a vehicle stop is a detention; the proper level of justification for either type of stop is reasonable suspicion- not probable cause. Probable cause is not needed to justify the stop of a vehicle or pedestrian. A seizure of an individual is normally characterized as either a detention or an arrest. The distinction can be significant, in so much as the constitutional standard for a permissible detention of lesser degrees than that applicable to arrest.