The 4th Amendment and case law relevant to police power for arrests without a warrant The 4th Amendment states that The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. which, read literally, states conditions under which it is permitted to issue a warrant for arrest or search. It does not say that a person may not be seized or searched except if a warrant is issued, and I am not aware of any provision in the constitution that makes a warrant optional. Nevertheless, people are arrested by the police without them having first secured a warrant. Is there some relevant case where it was decided that police have the power to seize people without a warrant?
"The touchstone of the fourth amendment is reasonableness". Ohio v. Robinette, 519 U.S. 33 (1996) Carroll v. United States, 267 U.S. 132 (1925): The Fourth Amendment denounces only such searches or seizures as are unreasonable, and it is to be construed in the light of what was deemed an unreasonable search and seizure when it was adopted, and in a manner which will conserve public interests as well as the interests and rights of individual citizens. Ker v. California, 374 U.S. 23 (1963): The lawfulness of the arrest without warrant, in turn, must be based upon probable cause. United States v. Watson, 423 U.S. 411 (1976): The cases construing the Fourth Amendment thus reflect the ancient common law rule that a peace officer was permitted to arrest without a warrant for a misdemeanor or felony committed in his presence as well as for a felony not committed in his presence if there was reasonable ground for making the arrest A very simplified parsing of the Fourth Amendment is "searches and seizures must be reasonable, and warrants must be specific (as opposed to general)".
There are a variety of situations like border crossings, entry into official buildings, etc. in which there is a general right for law enforcement to demand identification on a suspicionless basis, none of which seem to apply in this case. But, the most common justification for demanding ID is to make what is called a Terry stop (after the name of the U.S. Supreme Court case that upheld the legality of these stops in the face of 4th Amendment limitations on searches and seizures). Wikipedia accurately summarizes the law in this area as follows. A Terry stop is: a brief detention of a person by police on reasonable suspicion of involvement in criminal activity but short of probable cause to arrest. The name derives from Terry v. Ohio, 392 U.S. 1 (1968), in which the Supreme Court of the United States held that police may briefly detain a person whom they reasonably suspect is involved in criminal activity; the Court also held that police may do a limited search of the suspect's outer garments for weapons if they have a reasonable and articulable suspicion that the person detained may be "armed and dangerous". To have reasonable suspicion that would justify a stop, police must be able to point to "specific and articulable facts" that would indicate to a reasonable police officer that the person stopped is, or is about to be, engaged in criminal activity (as opposed to past conduct). Reasonable suspicion depends on the "totality of the circumstances", and can result from a combination of facts, each of which is by itself innocuous. The search of the suspect's outer garments, also known as a patdown, must be limited to what is necessary to discover weapons; however, pursuant to the "plain view" doctrine, police may seize contraband discovered in the course of a frisk, but only if the contraband's identity is immediately apparent. In some jurisdictions, persons detained under the doctrine of Terry must identify themselves to police upon request. In Hiibel v. Sixth Judicial District Court of Nevada, 542 U.S. 177 (2004), the Court held that a Nevada statute requiring such identification did not violate the Fourth Amendment's prohibition against unreasonable searches and seizures, nor, in the circumstances of that case, the Fifth Amendment's privilege against self incrimination. New York is one of the many states that has a stop and identify statute, that allows an officer to insist on presentation of an identification any time there is a legal basis for making a Terry stop. The New York stop and identify statute is N.Y. Crim. Proc. Law §140.50. This says: 1. In addition to the authority provided by this article for making an arrest without a warrant, a police officer may stop a person in a public place located within the geographical area of such officer's employment when he reasonably suspects that such person is committing, has committed or is about to commit either (a) a felony or (b) a misdemeanor defined in the penal law, and may demand of him his name, address and an explanation of his conduct. 2. Any person who is a peace officer and who provides security services for any court of the unified court system may stop a person in or about the courthouse to which he is assigned when he reasonably suspects that such person is committing, has committed or is about to commit either (a) a felony or (b) a misdemeanor defined in the penal law, and may demand of him his name, address and an explanation of his conduct. 3. When upon stopping a person under circumstances prescribed in subdivisions one and two a police officer or court officer, as the case may be, reasonably suspects that he is in danger of physical injury, he may search such person for a deadly weapon or any instrument, article or substance readily capable of causing serious physical injury and of a sort not ordinarily carried in public places by law-abiding persons. If he finds such a weapon or instrument, or any other property possession of which he reasonably believes may constitute the commission of a crime, he may take it and keep it until the completion of the questioning, at which time he shall either return it, if lawfully possessed, or arrest such person. 4. In cities with a population of one million or more, information that establishes the personal identity of an individual who has been stopped, questioned and/or frisked by a police officer or peace officer, such as the name, address or social security number of such person, shall not be recorded in a computerized or electronic database if that individual is released without further legal action; provided, however, that this subdivision shall not prohibit police officers or peace officers from including in a computerized or electronic database generic characteristics of an individual, such as race and gender, who has been stopped, questioned and/or frisked by a police officer or peace officer. In this particular case, if the law enforcement officer were more clever, he would have said that he was concerned that the crew might be using the drone to case the property in order to commit a crime there in the future. And, if he had said that, this would surely pass muster for reasonable suspicion for a Terry stop and would have provided a legal justification for demanding ID. The "about to commit a crime" justification for a Terry stop makes it, in practice, much broader than probable cause for an arrest, which requires that the police believe that a crime has actually already been committed or is in progress, not just that someone is about to commit a crime (a person may be subjected to a Terry stop even if his actions which tend to show he is about to commit a crime have not yet progressed to the level of an attempted offense for which someone may be convicted and are not truly imminent). (Actually, strictly speaking, the officer is only entitled to determine the information that an ID would reveal, and not to insist that someone actually have the ID on his person, under state law, although a local ordinance or court interpretation of the law could possibly give him the authority to actually demand an ID to determine this information. For example, California courts have held that a duty to provide basic information implies a duty to provide it in a verifiable manner.) The fact that the law enforcement officer failed to articulate any legal basis for the stop, yet went on to arrest the individuals, weakens the case that the stop was valid considerably, because generally, at least in theory, a law enforcement officer is supposed to be able to articulate the reasonable suspicion for the stop at the time that the stop is made and not days later after the fact. In addition to stop and identify laws, some states (including Colorado) have held that failing to provide an ID on demand, under the "totality of the circumstances" can sometimes constitute obstructing a police officer and provide a basis for an arrest. It isn't inconceivable that a law enforcement officer in this situation could make that argument and prevail at least in showing probable cause for arrest on that basis, even if it wasn't a sufficiently solid argument to give rise to an obstructing a police officer conviction.
There isn't a general answer to this question. It needs to be evaluated incident and sub-incident act by sub-incident act. The use of force is legally permitted to prevent harm to others and to the property of others under some circumstances. Citizens arrests are permitted under some circumstances, but generally, the person making the arrest must have personal knowledge of the crime while it is in the process of being committed. Some laws prohibit wearing masks under some circumstances, but usually not in all circumstances. Your client's "business model" is not consistent with being able to testify in court, so the criminal justice system will only be able to convict someone whom your client delivers to police if they can do so without your testimony. As a general rule, the 4th Amendment exclusionary rule does not apply to evidence collected by private parties or to statements obtained by private parties that are not made under duress that are not Mirandized. But, if your client is effectively "deputized" or becomes a "de facto" agent of the state who is called up to be a member of a posse for the police, for example, by using an agreed symbol such as shining a light with a symbol on it on some clouds, at that point, with respect to that matter, the 4th Amendment exclusionary rule and Miranda probably do apply to evidence that your client obtains, and exclusion of that kind of evidence could make prosecution much more difficult, unless the prosecution can successfully make an argument that the other evidence that the illegally obtained evidence leads them to is not "fruit of the poisonous tree" because it would have inevitably been discovered in due course using only the legally obtained evidence. Even if your client does violate the law, law enforcement is not obligated to investigate his alleged crimes even if the victims complain, and prosecutors are not obligated to prosecute those crimes, even if they have overwhelming evidence of guilt which they could use to secure a conviction. Prosecutorial discretion is basically absolute. Your client might be sued civilly for operating a corrupt enterprise under RICO, for various intentional torts, and for negligence, by people who think that they have been harmed by his conduct, but someone can only sue your client if they can figure out who he is and serve him with civil process. If you are helping your client conduct on ongoing criminal enterprise, whether or not the crimes are prosecuted by the criminal justice system, the attorney-client privilege you have with your client is probably forfeit should you be placed under a subpoena and your may be violating other ethical rules. But, of course, somebody has to figure out that you are part of this criminal enterprise before you suffer any consequences for being involved.
If you comply without protest, this will be taken as consent to a search, and make anything found admissible. One can verbally object. The ACLU suggests the form &quot;I do not consent to searches&quot; to any request to search your car, your house, your person or any other property of yours or under your control. There is no need to give any reason for your refusal. However, one is required to follow any &quot;lawful orders&quot; given by police officer during a traffic or pedestrian stop.[1] Failure to follow lawful orders may well be a separate crime. Even if the lawfulness is suspect, it is usually better to comply and challenge the order later, in court. One might make a second objection, such as &quot;I don't see that you have probable cause for a search, and I do not give consent. Are you ordering me to permit a search?&quot; If the officer clearly orders you to open the trunk, one might place the keys in reach of the officer, while not opening the trunk oneself. That might help establish that there was no consent to the search, and require probable cause to be established before anything found could be used in a trial. One might also repeat, as the officer opens the trunk &quot;I am not consenting to any search.&quot; If it is possible for any person present to record video without obstructing the officer(s) that might hrlp to establish the absence of consent and other relevant facts, later. People in general have a right to make such recordings, but not to obstruct or interfere with police activity. Duty to Obey The Washington Post in an opinion article dated July 23, 2015 &quot;Sandra Bland and the ‘lawful order’ problem&quot; wrote: The Bland video brings up an overlooked problem with the law of police-citizen encounters. The police can back up their orders with force because it’s often a crime to disobey a lawful order from a police officer. But from a citizen’s perspective, it’s often impossible to know what is a lawful order. As a result, it’s often impossible for citizens to know what they can and can’t do during a police encounter. The first problem is knowing what counts as an “order.” If an officer approaches you and asks you to do something, that’s normally just a request and not an order. But if there’s a law on the books saying that you have to comply with the officer’s request, then the request is treated as an order. You can’t know what is an “order” unless you study the law first, which you’re unlikely to have done before the officer approached you. In the case of Oregon v Rose Mary ILLIG-RENN, 42 P.3d 62 (2006) The Supreme Court of Oregon held that ORS 162.247(1)(b), a statute that makes it a crime to &quot;refuse[] to obey a lawful order by [a] peace officer.&quot; is constructional against challenges under the Oregon and US Federal constitutions. Sources [1]: Virginia Code section 18.2-464. Failure to obey order of conservator of the peace Virginia Code Section § 18.2-463. Refusal to aid officer in execution of his office. Florida Statutes 316.072(3) &quot;*OBEDIENCE TO POLICE AND FIRE DEPARTMENT OFFICIALS.—It is unlawful and a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, for any person willfully to fail or refuse to comply with any lawful order or direction of any law enforcement officer, traffic crash investigation officer as described in s. 316.640, traffic infraction enforcement officer as described in s. 316.640, or member of the fire department at the scene of a fire, rescue operation, or other emergency. *&quot; (Oregon) ORS 162.247(1)(b) Interfering with a peace officer or parole and probation officer A person commits the crime of interfering with a peace officer or parole and probation officer if the person, knowing that another person is a peace officer or a parole and probation officer ... Refuses to obey a lawful order by the peace officer or parole and probation officer. California Vehicle Code - VEH § 2800 (a) It is unlawful to willfully fail or refuse to comply with a lawful order, signal, or direction of a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, when that peace officer is in uniform and is performing duties pursuant to any of the provisions of this code, or to refuse to submit to a lawful inspection pursuant to this code. North Carolina § 20-114.1. Willful failure to obey law-enforcement or traffic-control officer (a) No person shall willfully fail or refuse to comply with any lawful order or direction of any law-enforcement officer or traffic-control officer invested by law with authority to direct, control or regulate traffic, which order or direction related to the control of traffic.
No An arrest is the act of detaining a person or property by legal authority or warrant and has been made when a police officer or another individual makes it clear to the person that they are no longer a free person. A person does not need to be physically touched to be placed under arrest as words alone are capable of bringing about an arrest if they establish that the person is no longer a free person. Now, if a LEO asks you to accompany them, then, so long as you have the choice not to, you are not under arrest.
I don’t believe there is an aggravated violation due to his disability, but it is quite likely that a court will find that to be a violation of his rights. Florida’s stop and frisk law 901.151(2) would indicate the original stop and temporary detention was valid, but once the item in his back pocket had been identified, 901.151(3) requires that the detention be immediately terminated. After the identification, he was no longer being legally detained, it was thus either an illegal detention and a violation of his 4th amendment rights or a consensual encounter under Florida law, and if consensual no requirement to Id. But just because it was a violation of his rights doesn’t mean that he will automatically win a lawsuit if he brings one. Jones v. State, 584 So.2d 190 (Fla. 5th DCA 1991) holds that you can’t be charged with resisting arrest without violence (aka 843.01), when the arrest itself is unlawful. I suppose Hodges could be charged with “obstructing” which is covered by the same statue, but more ambiguous than “arrest”.
Police have no duty to protect WASHINGTON, June 27 - The Supreme Court ruled on Monday that the police did not have a constitutional duty to protect a person from harm, even a woman who had obtained a court-issued protective order against a violent husband making an arrest mandatory for a violation. It seems from a quick reading of the article that Colorado law had tried to create such a duty, but SCOTUS decided that it either didn't, or couldn't.
Driving without a license is illegal in every state in the US, and a judge presented with evidence that establishes probable cause that a person has engaged in driving without a license can issue a warrant for that person's arrest. Doing so is in no way prohibited by the US Federal Constitution, nor by any state constitution.