According to criminal justice professor Rolando V. del Carmen, what are the four elements that must be present for an arrest to take place?

Question

What will be an ideal response?

Answer 1

Answers will vary. Criminal justice professor Rolando V. del Carmen of Sam Houston State University has identified four elements that must be present for an arrest to take place:The intent to arrest: In a stop, though it may entail slight inconvenience and a short detention period, there is no intent on the part of the law enforcement officer to deprive the suspect of her or his freedom. Therefore, there is no arrest. As intent is a subjective term, it is sometimes difficult to determine whether the police officer intended to arrest. In situations when the intent is unclear, courts often rely on the perception of the arrestee.2. The authority to arrest: State laws give police officers the authority to place citizens under custodial arrest, or take them into custody.3. Seizure or detention: A necessary part of an arrest is the detention of the subject. Detention is considered to have occurred as soon as the arrested individual submits to the control of the officer, whether peacefully or under the threat or use of force.4. The understanding of the person that he or she has been arrested: Through either words-such as "you are now under arrest"-or actions, the person taken into custody must understand that an arrest has taken place. When a suspect has been forcibly subdued by the police, handcuffed, and placed in a patrol car, he or she is believed to understand that an arrest has been made. This understanding may be lacking if the person is intoxicated, insane, or unconscious.