The Search & Seizure Show

Transporting a suspect back to a police station for an interview lawful?


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Alright, so today's questions is a little complex. So you got to bear with me on this one, I might need to take a little bit of your time to get through it. But the question is, is our orders to detain and transport the suspect back to the station for a formal interview? lawful. All right. So, alright, so not all states may have this, but there's still an interesting situation. So an officer from Missouri says that it is a common practice in Kansas City, Missouri, where the process the state prosecutor's issue in order A, it's called a stop order, or a PLI a person of interest order that's entered into the computer system. And when the person is found, they are then handcuffed, transported back to the station for a formal interview. Okay, so common practice. Now, it's this is not a fresh arrest, right? This is not, you know, where somebody got arrested and transported and, you know, we're gonna interview them. These are based off of these orders issued by the State prosecutors. Some of the officers feel that this is an unlawful practice. Right, that this is basically an unlawful arrest. And that you would have to have either an arrest warrant, probable cause or consent. Okay, so let's go through this. So first of all, let me say that if you have probable cause, to arrest the person, and, you know, the stop order is based on probable cause. We don't have an issue, I don't see the issue, because we can just call that an arrest, and just arrest the person. You see my point here. The only issue is going to be if the stop orders or P allies are based on reasonable suspicion or anything less than probable cause. So let me assume that that's what's going on. Again, now, it also talks about fresh PC, we don't have fresh PVC. I don't think it's gonna matter. I don't see the issue there. As long as you have probable cause, whether it's stale or fresh, if it's still probably caused, and there is a right to arrest the person. We can just call this stop order or poi an arrest warrant. Right. It may be it may be called it's not called an arrest warrant. But I think we just call it that, constitutionally, because it looks the same. That's what kind of looks like right. So if it's if these if these stoppers appeal wise or not based on probable cause, Houston, we have a problem. So let me just go through some I'm getting my source here from the great Wayne Lafave if you know, you've been in my classes, you know that Wayne Lafave is a God in in search and seizure, you know, history, and he's most cited and Prudential search and seizure expert, according to the US Supreme Court and so forth. And he has a treatise called the search and seizure treatise, right. So, here is a case where you see what this is a case in US versus Brignone. Ponce, for to to us. 873 1975. So, here's what the Supreme Court said about something like bringing bring the guy back to the police station, right. The detention of the petitioner was in important respects indistinguishable from a traditional arrest. Petitioner was not questioned briefly, where he was found. Instead, he was taken from a neighbor's home to a police car, transported to a police station and placed in an interrogation room sound familiar?...

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The Search & Seizure ShowBy Anthony Bandiero

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