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Criminal Law

: Southern California Criminal Defense Blog

?Reasonable Person Free to Leave? Standard Used to Determine if an Arrest Was Made

By Walin & Klarich

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To decide if an arrest was made, courts consider where "in view of all the circumstances surrounding the incident, a reasonable person would have believed that he was not free to leave." (United States v. Mendenhall, 466 U.S. 544, 1980). An arrest must be based upon probable cause to believe that a crime was committed and that the arrestee committed it (Beck v. Ohio, 379 U.S. 89, 1964). If you have questions about the lawfulness of an arrest or any criminal defense questions contact the California skilled criminal defense lawyers from Wallin & Klarich for a consultation at 1-888-280-6839. Also, visit us online at www.wklaw.com.

Full post as published by Southern California Criminal Defense Blog on July 31, 2009 (boomark / email).

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