Arrested: Defendants Rights at Arrest
Although often used as a collective term, being placed “under arrest” is a specific legal situation where an individual is no longer legally able to walk away from law enforcement, which often is well before being processed into incarceration. To make an arrest, law enforcement must have probable cause determining that you have committed a crime, which allows them to take you into their custody. Sometimes, a person can be charged with a crime and not placed under arrest, which is termed a citation. Common citations include traffic offenses among other items. Even if an arrest is determined lacking in probable cause later, persons in custody cannot resist the arresting officer, nor are they guaranteed absolution from charges stemming from the initially illegal arrest.
What Is An Arrest Warrant?An arrest warrant is an official document approved by a judge or magistrate, which authorizes law enforcement to take a given person into custody. In most cases, the arrest warrant must contain the suspect’s name, the crimes they stand accused of, and other restrictions on where and how this suspect can be detained. For law enforcement to obtain an arrest warrant, they must present evidence under oath or affidavit to a judge or magistrate that clearly states a crime occurred and the person mentioned in the arrest warrant was in some way responsible for this crime. In the arrest warrant, certain details and information connecting the person being arrested to the crimes in question must be made available to both the issuing court official, as well as the suspect at the time of their arrest. |
Can Law Enforcement Make Warrantless Arrests?Typically, there are only two circumstances where an officer can make a warrantless arrest, which include:
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