Arrests and Probable Cause
An arrest requires physical restraint or submission to an officer's show of force. Police need "probable cause" in order to make a lawful arrest.
Whether a person is "under arrest" depends on the circumstances of the police encounter.
Probable cause requires more than a mere suspicion that a suspect committed a crime but not proof beyond a reasonable doubt.
Historically, American citizens were legally entitled to use reasonable force to resist unlawful arrest. Some states continue to follow this rule, while others don’t.
Police officers are generally free to determine when to arrest someone; they need freedom to investigate the crime and collect evidence.
"Probable cause hearing” typically refers to a quicker proceeding involving a determination that there was a valid basis for arrest.
Citations are increasingly being used, as jail space gets scarce.
In most states, the misdemeanor must occur in the officer's presence.
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