What does "On View Arrest" Mean?
An arrest made "on view" is a common law procedure where a police officer, with or without a warrant, apprehends and takes a person into custody without the need for additional authorization. This article will delve into the concept of on-view arrest, its application, and the circumstances surrounding it.
Definition
On-View Arrest refers to an arrest made by a law enforcement officer when they encounter an individual suspected of committing a crime in their immediate presence or within their field of vision. The officer must have witnessed the individual committing the alleged offense or have reasonable suspicion that they were involved in it.
Key Elements
To establish an on-view arrest, the following key elements must be met:
- Immediate Presence: The officer must be able to see the individual, either directly or through another’s testimony, and confirm their involvement in the crime.
- Witnessing the Crime: The officer must have witnessed the crime being committed or have a credible eyewitness account.
- Reasonable Suspicion: The officer must have reasonable suspicion that the individual was involved in the crime, even if they didn’t witness it.
Examples
Here are a few examples to illustrate on-view arrest scenarios:
• Witnessing a Mugging: Officer John sees a person being mugged in an alleyway and immediately apprehends the assailant.
• Stop-and-Frisk: Officer Smith stops a suspect during a routine patrol and frisks them, discovering drugs on their person.
• Responding to a Call: Officer Johnson responds to a call about a suspicious person and finds an individual attempting to break into a vehicle.
Procedure
The procedure for an on-view arrest typically follows these steps:
- Witnessing the Crime: The officer witnesses the crime being committed or receives credible eyewitness testimony.
- Investigation: The officer gathers evidence and/or speaks with witnesses to corroborate the crime.
- Arrest: The officer, with or without a warrant, arrests the individual suspected of committing the crime.
- Miranda Rights: The officer must inform the arrestee of their rights, including the right to remain silent and the right to an attorney.
Exceptions
While on-view arrests are generally permitted, there are exceptional circumstances where they may be deemed unconstitutional or inappropriate:
- Racial Profiling: An on-view arrest based solely on an individual’s race, ethnicity, or national origin would be considered unconstitutional.
- Lack of Evidence: An on-view arrest without sufficient evidence to support the crime would be unlawful.
- Improper Detention: An on-view arrest that constitutes an unreasonable search and seizure would violate the Fourth Amendment.
Conclusion
In conclusion, an on-view arrest is a legal procedure that allows law enforcement officers to apprehend individuals suspected of committing crimes in their immediate presence. While the elements of an on-view arrest must be carefully considered to ensure constitutional compliance, the practice is essential for maintaining public safety and holding offenders accountable.
