Law Commons^™

Arrests: Legal And Illegal, Daniel Yeager

Georgia State University Law Review

The Fourth Amendment prohibits unreasonable searches and seizures. An arrest—manifesting a police intention to transport a suspect to the stationhouse for booking, fingerprinting, and photographing—is a mode of seizure. Because arrests are so intrusive, they require roughly a fifty percent chance that an arrestable offense has occurred. Because nonarrest seizures (aka Terry stops), though no “petty indignity,” are less intrusive than arrests, they require roughly just a twenty-five percent chance that crime is afoot.

Any arrest not supported by probable cause is illegal. It would therefore seem to follow that any arrest supported by probable cause is legal. But it …

Crimes And Offenses Controlled Substances: Provide Procedures For The Seizure And Disposition Of Forfeited Property; Provide For Liens On Property Subject To Forfeiture; Provide For Distribution Of Forfeited Property And The Proceeds From Such Property, Debra D. Green

Georgia State University Law Review

The Act declares that certain items are contraband, and that no property rights exist as to those items. The Act provides for the seizure of property subject to forfeiture and for the filing of a lien for forfeiture upon the initiation of any civil or criminal proceeding under this article, as well as upon seizure. The Act provides procedures for forfeiture and the conditions required for the filing of a temporary restraining order against property subject to forfeiture. The Act provides for the evidence to be admissible at hearings and determinations made subject to forfeiture, as well as for inferences …