Page 27 - Original 2020 Legal Guide By Jack Ryan

Task: Arrest

Atwater v. City of Lago Vista, 532 U.S. 318 (2001).

•If an officer has probable cause to believe that an individual has

committed even a very minor criminal offense in his presence, he may,

without violating the Fourth Amendment, arrest the offender.

•NOTE: State Law may have specific requirements for custodial arrest

that must be followed, however a custodial arrest for a minor criminal

offense based on probable cause is not a false arrest under the U.S.

Constitution.

©2020 Jack Ryan Legal & Liability Risk Management Institute 26