Where in the U.S. Constitution would you find the right to arrest?

• A. First Amendment
• B. Second Amendment
• C. Fourth Amendment
• D. Fifth Amendment

Answer: (C)

The concept being tested is how arrests relate to constitutional protection against unreasonable restraint. An arrest is a seizure of a person, so the governing rule about when such seizures are permitted comes from the Fourth Amendment. This amendment protects individuals from unreasonable searches and seizures and sets the standards for arrests: generally, officers must have probable cause for a warrantless arrest, and a warrant is required for most arrests not justified by exceptions such as exigent circumstances. The other amendments deal with different rights—speech and religion (First), bearing arms (Second), and due process and self-incrimination (Fifth)—and do not define the rules around arrests. So the right to arrest, in constitutional terms, is addressed under the Fourth Amendment.