Legal Question in Criminal Law in Pennsylvania

Requirements of arrest

An Intro to Criminal Justice question--if the four elements required to constitute an arrest include the intent to arrest and authority to arrest (by the officer) and the seizure or detention of the suspect AND the ability of the suspect to understand that he or she is under arrest, then how could a mentally retarded person be arrested if he/she does not understand the concept of arrest?


Asked on 11/20/02, 6:53 pm

1 Answer from Attorneys
David L. Bargeron Unemployment Help Center

Re: Requirements of arrest

Those elements apply when evaluating an individual's constitutional rights regarding search and seizure, self-incrimination and similar protections.

You can be "under arrest" i.e. arrested and detained by the authorities without understanding the concept of arrest. (For example DUI offenders sometimes are so intoxicated at the time of their arrest that they do not realize what is happening). However, if the suspect cannot understand the concept of arrest then that individual cannot "knowingly and intelligently" waive a right granted by the constitution.

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Answered on 11/20/02, 7:46 pm


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