Page 24 - North Carolina 2020 Legal Guide
P. 24

Task: Involuntary Transport Constitutes Arrest






          Dunaway v. New York, 442 U.S. 200 (1979).

               An officer may only transport a person to the station where the

               officer has probable cause to believe that a crime has been

               committed and probable cause to believe that the person being

               transported is the person who committed the crime.





          Hayes v. Florida, 470 U.S. 811 (1985).


               A person cannot be involuntarily transported to the police station for

               identification purposes without probable cause to arrest.





          NOTE: It doesn’t matter what you call it, involuntary transport from a

               location requires probable cause.






                                     ©2020 Jack Ryan  Legal & Liability Risk Management Institute                                    23
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