Do Fourth Amendment Protections Apply During Investigatory Seizures ?
In Dunaway v. New York, 442 U.S. 200, 207 n.6, 60 L. Ed. 2d 824, 832 n.6, 99 S. Ct. 2248, 2254 n.6 (1979), the police received information from an informant that the defendant was involved in the crime. Dunaway, 442 U.S. at 203, 60 L. Ed. 2d at 829, 99 S. Ct. at 2251.
The police questioned the informant but did not receive "enough information to get a warrant." Dunaway, 442 U.S. at 203, 60 L. Ed. 2d at 829, 99 S. Ct. at 2251.
A police detective ordered other detectives to "pick up" the defendant and bring him in. Dunaway, 442 U.S. at 203, 60 L. Ed. 2d at 829, 99 S. Ct. at 2251.
The defendant "was taken into custody; although he was not told he was under arrest, he would have been physically restrained if he had attempted to leave." Dunaway, 442 U.S. at 203, 60 L. Ed. 2d at 830, 99 S. Ct. at 2252.
He was driven to police headquarters in a police car and placed in an interrogation room, where he was questioned by officers after being given the warning required by Miranda v. Arizona, 384 U.S. 436, 16 L. Ed. 2d 694, 86 S. Ct. 1602 (1966).
Defendant waived counsel and eventually made a statement that incriminated him in the crime.
The Supreme Court held in Dunaway that the defendant was arrested when the police involuntarily took defendant to the police station for questioning in violation of his rights under the fourth amendment. Dunaway, 442 U.S. at 207, 60 L. Ed. 2d at 832, 99 S. Ct. at 2253-54.
The Dunaway court noted that fourth amendment protections apply during investigatory seizures. Dunaway, 442 U.S. at 214-15, 60 L. Ed. 2d at 837, 99 S. Ct. at 2257-58.