Does a warrantless arrest of an individual in a public place violate the Fourth Amendment?

California, United States of America


The following excerpt is from People v. Hampton, 164 Cal.App.3d 27, 209 Cal.Rptr. 905 (Cal. App. 1985):

As we have stated, the previous discussion is based on the assumption that the officer did not arrest respondent until after he entered her apartment. However, the facts suggest that we also consider the rule that the warrantless arrest of an individual in a public place upon probable cause does not violate the Fourth Amendment. (United States v. Watson (1976) 423 U.S. 411, 414-424, 96 S.Ct. 820, 823-828, 46 L.Ed.2d 598.)

Other Questions


Does a warrantless arrest in a public place violate the Fourth Amendment? (California, United States of America)
Does a police officer who approaches an individual on the street or in another public place violate the Fourth Amendment by asking him if he is willing to answer some questions? (California, United States of America)
Does a Fourth Amendment balancing of the legitimate governmental interests in arrest against the reasonable expectation of privacy under the Fourth Amendment reveal the unreasonableness of a defendant's arrest and search? (California, United States of America)
Does a law enforcement officer violate the Fourth Amendment by approaching an individual on the street or in another public place? (California, United States of America)
When a police officer arrested defendant for a violation of section 21510 of the Virginia Criminal Code because he failed to produce identification upon request by the Attorney General, does the arrest violate the Fourth Amendment? (California, United States of America)
Does the search and detention of a man under the Fourth Amendment violate his Fourth Amendment rights? (California, United States of America)
Can a homeowner's Fourth Amendment rights be violated when officers enter his home to arrest a guest pursuant to an arrest warrant? (California, United States of America)
Is a warrantless entry into a home a violation of the Fourth Amendment? (California, United States of America)
Can an officer make a warrantless arrest when the officer has probable cause to believe the person to be arrested has committed a public offense? (California, United States of America)
In what circumstances have courts found that section 647, subdivision (a) of the California Penal Code prohibits the solicitation of lewd or dissolute conduct in any public place or in any place open to public view? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.