Ch3. Arrest and Pretrial Detention — Liberty and the Warrant Requirement

Types of Arrest

Arrest Warrant:
Application by prosecutor/officer → neutral magistrate
  finds probable cause → issues warrant.
Required for arrest inside a person's home (Payton v.
  New York, 1980), absent exigent circumstances.
Not required for public-place arrest with probable cause.

Warrantless Arrest — Probable Cause in Public:
Fourth Amendment permits warrantless arrest in public
  if officer has probable cause (United States v. Watson,
  1976).
State law may impose stricter limits.

Warrantless Arrest — Exigent Circumstances:
Hot pursuit of a fleeing suspect.
Imminent destruction of evidence.
Emergency / threat to life or safety.
The exigency must be genuine and not police-created
  (Kentucky v. King, 2011).

Citizen's Arrest:
Private persons may arrest for a felony committed in
  their presence (common-law rule; varies by state).
Many states have narrowed or abolished citizen's arrest
  after high-profile misuse.

Rights Upon Arrest:
Right to remain silent (5th Amendment).
Right to counsel (6th Amendment attaches at the
  initiation of formal proceedings — Kirby v. Illinois,
  1972).
Miranda warnings required before custodial interrogation.
Prompt presentment before a magistrate (Riverside County
  v. McLaughlin — within 48 hours).

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Detention and Bail

Initial Appearance:
Promptly after arrest (within 48 hours).
Magistrate advises defendant of charges, rights,
  and bail options.
Federal: governed by 18 U.S.C. § 3141 et seq.
  (Bail Reform Act of 1984).

Bail Reform Act of 1984 (Federal):
Presumption of release on least restrictive conditions.
Court may detain without bail (preventive detention)
  if no condition will reasonably assure appearance
  AND safety of the community (United States v. Salerno,
  1987 — upheld as constitutional).
Detention hearing: defendant has right to counsel,
  to present evidence, to cross-examine.

Bail in State Systems:
8th Amendment: prohibits excessive bail (Stack v. Bowen,
  1951).
Cash bail, personal recognizance (PR bond), surety
  bond, property bond, supervised release.
Many states reforming cash bail due to wealth disparities
  (NJ, CA, IL — have largely eliminated cash bail for
  low-level offenses).

Conditions of Release:
Travel restrictions, surrender of passport.
No-contact orders.
Electronic monitoring.
Drug testing; check-in requirements.
Curfew.

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Challenging Detention

Habeas Corpus:
"Great Writ" — challenges the legality of detention.
Federal courts: 28 U.S.C. § 2241 (pretrial);
  § 2254 (state-court conviction); § 2255 (federal
  conviction).
Petitioner must show: detained in violation of the
  Constitution, laws, or treaties of the United States.

Bail Reduction / Release Motion:
Defendant may move to reduce bail or seek release
  pending trial.
Standard: changed circumstances, new information,
  excessive bail.

Revocation of Release:
Violation of conditions → government moves for
  revocation.
Court holds a hearing; defendant may be re-detained
  pending trial.

Speedy Trial Clause (6th Amendment):
Barker v. Wingo (1972): four-factor balancing test —
  length of delay, reason for delay, defendant's
  assertion of right, prejudice to defendant.
Speedy Trial Act (18 U.S.C. § 3161): federal cases
  must be indicted within 30 days of arrest and tried
  within 70 days of indictment.
Remedy for violation: dismissal of charges (with or
  without prejudice).

Non-Detention Principle:
Detention is the exception, not the rule.
Bail Reform Act: least restrictive conditions first;
  detention only if necessary for safety or appearance.

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Key Concept Cards

Payton Rule — Home Arrest ★★★★★ : Warrantless arrest inside a person’s home violates the 4th Amendment absent exigent circumstances or consent (Payton v. New York, 1980). Memory tip: Home = castle = warrant required.

Bail Reform Act — Preventive Detention ★★★★★ : A federal court may detain a defendant without bail if no conditions will assure appearance AND community safety. Requires a detention hearing with due-process protections (United States v. Salerno, 1987). Memory tip: Preventive detention = safety + no conditions will work.

Habeas Corpus vs. Bail Motion ★★★★☆ : Bail motion challenges the conditions of release within the pending case. Habeas corpus is a separate proceeding challenging the constitutional legality of detention itself. Memory tip: Bail = within the case; habeas = separate constitutional challenge.

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Practice Quiz

Q. How does a warrantless arrest in a public place differ from one inside a home?

In a public place, an officer with probable cause may arrest without a warrant (United States v. Watson, 1976). Inside a person’s home, a warrant is constitutionally required absent exigent circumstances or consent (Payton v. New York, 1980). The difference reflects the Fourth Amendment’s heightened protection for the home — “the most sacrosanct of places.” If police enter the home without a warrant and without a valid exception, the arrest and any evidence obtained from the arrest-scene search will be suppressed.

Q. What is the constitutional standard for pretrial detention without bail?

Under the Bail Reform Act of 1984 and United States v. Salerno (1987), a federal defendant may be detained without bail only after a hearing in which the government establishes by clear and convincing evidence that no condition or combination of conditions will reasonably assure the appearance of the defendant AND the safety of the community. The Supreme Court upheld this “preventive detention” as a valid exercise of the government’s regulatory (not punitive) power. The defendant has due-process rights at the detention hearing: counsel, opportunity to present evidence, and right to cross-examine.