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Confused About Police Arrest Procedures? Call a Defense Attorney TodayĮven if you don't think you'll ever be arrested, it's always good to know your rights and the rules that police must follow. If the arrestee thinks the arrest is unjustified or incorrect, they can always challenge it later with the help of an attorney and, if warranted, bring a civil rights case. This is why people are advised to never resist an arrest or argue with police, even if they believe the arrest is wrongful since resistance could lead to the use of more force. Generally, police officers are only allowed to use the minimum amount of force necessary to protect themselves and bring the suspect into police custody. Police aren't allowed to use excessive force or treat the arrestee cruelly this is universal and protected by the U.S. Police Arrest Procedures and Excessive Force

This depends on both the jurisdiction and the circumstances of the arrest. This way, they can start questioning right away, and any information volunteered by a suspect can be used against them.įinally, although police will almost always tell an arrestee why they're under arrest, they may not necessarily have any legal obligation to do so. However, the police must read a suspect their rights before an interrogation, so many police departments recommend that Miranda Rights be read at the time of arrest. Police also do not have to read Miranda Rights at the time of arrest. The officer need not use handcuffs, or place the arrestee in a police cruiser, although police often use these tactics to protect themselves.

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Generally, an arrest happens when the person being arrested reasonably believes that she is not free to leave. The rules regarding what an officer must do while making an arrest vary by jurisdiction. Requirements of Police: Arrest Procedures Police officers have to be able to justify the arrest usually by showing some tangible evidence that led them to probable cause.

The officer has an arrest warrant issued by a judge.Īn officer cannot arrest someone just because she feels like it or has a hunch that someone might be a criminal.

The officer has probable cause to believe that person arrested committed a crime.

The officer personally observed a crime.

There are only a very limited number of circumstances in which an officer may make an arrest: The following is a general discussion of the procedures police must follow while making an arrest. Police arrest-procedures differ from one department to the next, so if you have questions about the procedures used in your area, it's best to contact your local police. These extra procedures might be designed to: protect police officers' physical safety, help the officer document the arrest, or help the officer avoid making a legal mistake which could ruin the prosecution's case.

Many states and police departments add extra procedures. Consequently, there are several procedures the police must follow before they can make a legal arrest so that our rights remain protected. When the police arrest someone, they take away that person's fundamental right to freedom.