A subterfuge arrest occurs when a suspect is apprehended for one offence, but the true intention is to conduct a search for evidence related to a different crime. It involves deceiving someone into being arrested so that law enforcement can investigate something else. This kind of arrest is prohibited because it is unjust and unlawful.
A subterfuge arrest occurs when a suspect is apprehended for one offence, but the true intention is to investigate them for evidence related to a different offence. This kind of arrest is illegal and infringes upon an individual’s rights. For instance, if a law enforcement officer stops a driver for a faulty taillight, but subsequently arrests them and conducts a warrantless or unjustified search of their vehicle for drugs, it would be deemed a subterfuge arrest. Such arrests are prohibited as they contradict the Fourth Amendment of the United States Constitution, which safeguards citizens against unreasonable searches and seizures. Police officers are required to have a valid justification for searching someone or making an arrest, and they cannot employ subterfuge to circumvent this requirement.
Subterfuge arrest is a type of arrest where law enforcement officers use deception or trickery to apprehend a suspect.
Yes, subterfuge arrest is legal as long as it does not violate the suspect’s constitutional rights.
Examples of subterfuge arrest include undercover operations, sting operations, and bait-and-switch tactics.
Yes, subterfuge arrest can be used in any type of crime as long as it is necessary and does not violate the suspect’s rights.
The limitations of subterfuge arrest include the requirement that law enforcement officers do not use excessive force or violate the suspect’s constitutional rights.
No, subterfuge arrest is only used in criminal cases.
If a suspect is arrested through subterfuge, they will be processed through the criminal justice system like any other suspect.
Yes, a suspect can challenge a subterfuge arrest in court if they believe their constitutional rights were violated.
There are no specific defences against subterfuge arrest, but a suspect can challenge the legality of the arrest in court.
Yes, subterfuge arrest can be used in international cases as long as it is legal in the country where the arrest is taking place.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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