Custodial Arrest Vs Arrest - 'seizure of the person' under our fourth amendment. Web until relatively recently, the legality of arrests was seldom litigated in the supreme court because of the rule that a person. Web however, questioning a person upon arrest in his home may be custodial.8 footnote orozco v. A situation where an individual is taken into physical control by law. Web a custodial arrest is when an officer, acting with legal authority, has probable cause to detain and seizes an individual in. Web the suspect isn't free to leave, but he also isn't under arrest, at least until the officer develops probable cause.
Web until relatively recently, the legality of arrests was seldom litigated in the supreme court because of the rule that a person. Web the suspect isn't free to leave, but he also isn't under arrest, at least until the officer develops probable cause. Web however, questioning a person upon arrest in his home may be custodial.8 footnote orozco v. 'seizure of the person' under our fourth amendment. Web a custodial arrest is when an officer, acting with legal authority, has probable cause to detain and seizes an individual in. A situation where an individual is taken into physical control by law.