Page 30 - Critical Tasks in Law Enforcement 2020-2021 Sessioin

Task-Probable Cause Determination for Valid Arrest

Devenpeck v. Alford, 543 U.S. 146 (2004).

An arrest based upon probable cause for any offense is sufficient

to meet constitutional requirments.

• Officers need not assert a specific offense for which they are
arresting a suspect for at the moment of arrest

• Officers need not “stack charges” in order to cover all possible

offenses for which there is probable cause

• Even is the charged offense fails in court, probable cause for a non-

charged offense will satisfy constitutional requirements

• In determining the existence of probable cause-Is there probable

cause to believe that some offense has occurred?

©2021 Jack Ryan Legal & Liability Risk Management Institute 29