Page 25 - North Carolina 2020 Legal Guide

Task: Involuntarily Transporting a Person to the Station

Kaupp v. Texas, 538 U.S. 626 (2003).

A person involuntarily transported to a police station has been arrested for

4 Amendment purposes. No person can be involuntarily transported to a
th
police station unless the police have probable cause to believe that person

has committed a crime.

• Confessions obtained as the result of such an arrest are invalid unless

illegality has been overcome by:

– Proper Miranda warnings and;

– Passage of time between illegal arrest and confession.

– Presence of Intervening Circumstances.

– Consider the flagrancy and purpose of the official misconduct or

the inverse, the lack of flagrancy and the good purpose behind

the official misconduct.

©2020 Jack Ryan Legal & Liability Risk Management Institute 24