Also known as: effectuates arrest · effectuated arrest · effectuating arrest · effectuation of arrest · effect an arrest
Written by attorneys · grounded in primary & secondary sources — see below
A law enforcement action by which officers take a suspect into custody pursuant to legal authority. Officers may enter a suspect's home to carry out the action only with an arrest warrant plus reason to believe the suspect is inside, unless exigent circumstances exist.
Detectives traced Elliot Edmonds to his condo after a data breach investigation. Without obtaining any judicial authorization, they used a remote system to unlock the door and walked inside to take him into custody. The entry to effectuate the arrest violated the Fourth Amendment because no warrant had been secured and no emergency justified the intrusion.
A surety located the principal, Emma Erickson, who had failed to appear in court. The surety entered her apartment, restrained her, and transported her to the authorities to surrender her in discharge of the bond. The surety's actions to effectuate the arrest were lawful because the common-law right to take the principal into custody permitted the restraint without prior judicial process.
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Officers may enter only when exigent circumstances exist. Absent such circumstances, an arrest warrant plus reason to believe the suspect is inside is required before crossing the threshold of the suspect's own residence.
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No. A public officer justified in using force to perform arrest duties, and any person lawfully assisting, need not desist simply because the suspect or others resist or threaten resistance.
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Yes. A person justified in assisting a public officer who is lawfully making an arrest may continue that assistance even when the arrestee or others resist or threaten resistance.
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