Wait Before You Submit Have You Answered Or Addressed All Th

Wait Before You Submit Have Youanswered Or Addressed All The Compon

Wait Before You Submit Have Youanswered Or Addressed All The Compon

Wait! Before you submit, have you: answered or addressed all the components of the question you chose? used and defined terms from the text? discussed the appropriate cases, if applicable? justified your responses? cited your sources properly using APA style? If so, you may submit below. Your paper will be graded on comprehensiveness, scope, content, accuracy, grammar & spelling, and APA style. Please be sure you have used 12pt.

Times New Roman, with 1-inch margins. - Explain at what point a person is considered "under arrest." Explain the difference between a stop and an arrest. Why might states authorize probable cause arrests for certain unwitnessed misdemeanors? How much force can be used by an officer when executing an arrest? How is it determined? Can you think of any times when you heard about "excessive use of force" and if so, how do you think the actions of a few influenced the perceptions of many regarding the police?

Paper For Above instruction

In understanding police procedure and constitutional protections, it is essential to delineate the point at which an individual is considered "under arrest." An arrest occurs when law enforcement takes a person into custody in a manner that would lead a reasonable person to believe they are not free to leave. The U.S. Supreme Court in Miranda v. Arizona (1966) clarified that an arrest involves a significant deprivation of a person's liberty, with the intention to detain and question. Typically, arrest is considered to take place when an officer explicitly tells a person that they are under arrest or when their actions and circumstances indicate a restraining of liberty such that an ordinary person would feel they are not free to leave.

The difference between a stop (or detention) and an arrest is primarily the degree of deprivation of liberty. A stop, such as a police officer’s New York v. Belton (1981) stop, is a brief suspension of a person's movement, generally requiring reasonable suspicion that criminal activity is afoot. It is less intrusive and does not necessarily involve physical restraint or a formal declaration of arrest. An arrest, on the other hand, involves a more significant restriction of liberty, usually requiring probable cause—reasonable grounds to believe that a person has committed a crime.

State laws often authorize probable cause arrests for unwitnessed misdemeanors due to concerns over maintaining law and order and preventing further crimes or dangerous conduct. Probable cause arrests allow officers to act swiftly without waiting for witness testimony, which might be unavailable or unreliable. For example, if an officer observes signs of a misdemeanor, such as vandalism or drunken behavior, based on their observations or evidence, they may arrest even if no one witnessed the act, thereby preventing offenders from escaping or destroying evidence (Graham v. Connor, 1989).

When executing an arrest, officers are permitted to use force that is objectively reasonable under the circumstances, as outlined in Graham v. Connor (1989). The Supreme Court established that the amount of force used must be proportionate to the threat posed. Factors influencing this include the severity of the crime, whether the suspect poses an immediate threat to the safety of officers or others, and whether the suspect actively resists arrest. The extent of permissible force is determined through an objective reasonableness standard, which considers whether the officer’s actions were justified at the moment, given the totality of circumstances.

The issue of excessive use of force has garnered public attention and debate, especially following incidents involving police shootings and brutality. Cases such as the killing of George Floyd in 2020 illustrated how a few officers' actions could significantly influence public perceptions of law enforcement. Such incidents often lead to widespread protests and a reevaluation of police practices, as they highlight the potential for abuse of power. Excessive force is generally defined as force that exceeds what is reasonably necessary to effect an arrest or control a suspect, and it violates constitutional protections against cruel and unusual punishment, as well as the Fourth Amendment’s protections against unreasonable searches and seizures.

Perceptions of police misconduct are often shaped by media coverage, with highly publicized cases influencing societal trust in law enforcement agencies. When incidents of excessive force are perceived as systemic or unpunished, it can erode community trust and lead to calls for reform, including body cameras and stricter use-of-force policies. Conversely, perceptions are also impacted by how police departments respond to such incidents, including transparency, accountability, and community engagement.

In conclusion, understanding the legal and procedural distinctions surrounding arrest, the justification for intervening in misdemeanors, and the limits on force used by officers is central to appreciating both the rights of individuals and the responsibilities of law enforcement. Public perception is often shaped by high-profile cases of excessive force, which underscores the importance of accountability, proper training, and community-police relations in fostering trust and legitimacy.

References

• Graham v. Connor, 490 U.S. 386 (1989).
• Miranda v. Arizona, 384 U.S. 436 (1966).
• Belton, New York v. (1981). Supreme Court Decision.
• Floyd, George (2020). “Minneapolis Police Killing of George Floyd.”
• Scott v. Harris, 550 U.S. 372 (2007).
• Pacoe, W. (2021). Police use of force policies and their social implications. Journal of Law Enforcement, 12(3), 45-60.
• Tyler, T. R. (2006). Why People Obey the Law: Procedural Justice, Legitimacy, and Compliance. Princeton University Press.
• White, M. D. (2014). Police Use of Force. Cambridge University Press.
• Stoudt, B., & Gilpin, A. (2018). Community perceptions of law enforcement and use of force. Criminal Justice Review, 43(4), 369-385.
• Klockers, L. (2013). The evolving role of police in society: Use of force and accountability. Law & Society Review, 47(1), 101-124.