“The Arrest of Jesus”, A Closer Look by Rick Sons

Many times when people are questioned by the police they don’t feel that they are free to walk away from the officer. However, until you’ve been formally detained (as in a traffic stop) or arrested, the officer can’t stop you from simply walking away. Once the officer prevents you from walking away, an arrest has taken place. Whether or not the arrest is legal depends in large part on whether he or she had “probable cause.”

What is Probable Cause?

The Fourth Amendment of the United States Constitution authorizes police to make an arrest as long as they have probable cause. The Fourth Amendment states:
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

Probable cause prevents the sort of police states that exist in other countries where officials can simply round up people they don’t like as “undesirables” or “threats” without any justification.

Probable Cause vs. Reasonable Suspicion

• Probable cause is established through factual evidence and not just suspicions or hunches.
• Probable cause can be established through observation alone (sight, smell, sound, etc.) and includes observations that create suspicion based on a familiar pattern of criminal activity, such as when an officer sees a car circling around an area repeatedly or when someone is flashing their headlights.
• Probable cause can be based on information derived from witnesses, victims, and informants.
• Probable cause can be based on police expertise, such as recognition of gang signs, detection of tools appropriate for committing certain crimes, or knowledge of movements and gestures that indicate criminal activity.
• Probable cause can be based on circumstantial evidence that only indirectly indicates that a crime has occurred, such as a broken window.

The Arrest, of Jesus Christ Compared to the Modern Law

It is stated in the New Testament book of Matthew that the angel Gabriel was sent to inform Mary of Nazareth, a maiden espoused to Joseph, that she was to become the mother of the Messiah. He should be named Jesus, which means Savior. Savior is what is meant as the One sent by God to save His people from their sins. With this title, Herod was so troubled that he had all male children two years of age and younger killed. He was afraid that Jesus would overthrow his dynasty. Jesus was seen as a threat again when He taught God’s Word.

The Case Against Jesus

Jesus had been telling His disciples what was going to happen for many days prior to his arrest. In Matthew 16:21 the Bible states, “From that time forth began Jesus to shew unto his disciples, how that he must go unto Jerusalem, and suffer many thing of the elders and chief priests and scribes, and be killed, and be raised again the third day.” Matthew 26 speaks of the conspiracy against Jesus and how He was betrayed by Judas Iscariot.

The Arrest

The moment of the arrest came swiftly. Judas, with approximately 200 Roman soldiers and 200 temple police, broke into the stillness of Gethsemane to arrest Jesus. Judas mocked Jesus saying, “Hail, Master, greetings Rabbi” and then kissed Him to identify to the soldiers who He was. Mayhem broke out as they seized Jesus and arrested Him.  Meanwhile, one of the disciples (believed to be Peter) grabbed his short sword and lashed out, cutting off the ear of one of the high priest’s servants. It is believed that Peter had intended to split the servant’s head open but attempting to avoid the blow, the servant moved as his ear was cut off and the sword hit the armor of the servant.

Jesus asked in Matthew 26:55, “In that same hour said Jesus to the multitudes, Are ye come out as against a thief with swords and staves for to take me? I sat daily with you teaching in the temple, and ye laid no hold on me.” If this was such a crime in that time, then wouldn’t they have arrested Jesus when He was committing the unlawful acts?  Good question, Jesus was asking what the probable cause for the arrest was.

What was the charge? Blasphemy

The Bible claims that Jesus was first arrested by Jewish leaders after protesting the excess he observed on display in the Jewish temple during Jerusalem’s Passover. Matthew, Mark, and Luke report that he was first tried before a Jewish Sanhedrin court in Judea. They agree he was charged with blasphemy, convicted, and turned over to local Roman prefect Pontius Pilate for a subsequent Roman trial. 

Possible Charge of Sedition

One possibility is that officials believed Jesus was a Jewish nationalist who was linked to a violent political uprising against the Roman occupation led by the nationalist Zealot movement. The sign placed on his cross, which read “King of the Jews,” may support this interpretation.

In Modern Law the charge is decided by the Prosecuting Attorney, not by the arresting officer.

The arrest of Jesus: probable cause or just suspicion?