MI vs. Chesternut (1988).
- Reasonable Person
o A person is under arrest, when a reasonable person, viewing the situation in
totality of the circumstances would not feel free to leave at the end of the
- “Free to leave”
- Custody, by force/submission
- Intent to arrest
o The police show that they are going to arrest you.
Arrest Authority (can arrest with a warrant or without a warrant).
- w/o warrant
o If you have an arrest warrant for Whitman county and you are in Seattle, you are
allowed to be arrested their.
o If you have an arrest warrant for Whitman County and you get caught in Idaho,
you have to be moved back to the county where the arrest warrant was issued.
o If that person doesn’t want to challenge the warrant, then they can say no and get
a hearing in the state they are found in to make sure that the warrant is right.
▪ Greater authority to arrest.
o Public or private
▪ Cannot arrest in someone’s home without a warrant unless they see that
the crime occurred in their house.
o Presence only
▪ Limited authority to arrest, only if the officer sees it then the officer can
arrest, but they cannot arrest without a warrant.
o Domestic Violence
o Traffic Accident
▪ They have the authority to arrest when there’s something like a DUI.
▪ Can also be charged to someone for domestic violence.
▪ Getting close to the level of felony. ▪ Have to arrest here.
Summons- not an arrest
- Command by the court to show up to court on this day and time.
Citations- not an arrest
- Ex. A traffic ticket
o Arrest warrant to give them the ability to get them in their house, if they believe