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