Arrest Procedures: Your Constitutional Rights

Legalities may seem complex, especially when you are facing something as daunting as an arrest. But it is important that you are aware of the arrest procedures so that you can safeguard your constitutional and legal rights.

What Is an Arrest?

An arrest is a seizure or forcible restraint. It is an exercise of power by a legal authority where a person is deprived of his/her liberty and is kept in custody. An arrest is made generally in response to a criminal charge brought against the arrested person. Laws and procedures governing arrest are ruled by the Fourth Amendment to the U.S Constitution.

When Is an Arrest Valid?

Based on the dictates of the Fourth Amendment, the U.S. Supreme Court has laid down some conditions that must be met before an arrest is considered valid. The arrest must be made with a valid arrest warrant and be based on “probable cause.” Probable cause is a degree of reasonable belief, substantiated by tangible facts, that a criminal activity has occurred or is occurring and that a person was or is involved in it. The arrest must also be carried out by a government official like a federal law enforcement officer, or be directed by a government order.

There are exceptions to the above conditions. The Supreme Court has also determined that arrests without warrants will be considered legal if circumstances demand so. For instance, a felony arrest may be made in a public place without a warrant, provided the arresting officer has a reasonable belief that the suspect committed the crime.

Felony arrests in private spaces do require warrants, unless the arresting officer is in “hot pursuit” of an escaping felon. This means that the police may enter or break into any private space without a warrant if they feel that any delay would risk their or others’ lives or lead to the suspect fleeing the crime scene.

The Fourth Amendment also legalizes all arrests made without warrants for misdemeanors that have taken place when an officer was present. In this context, it is worth mentioning that an arrest made on the basis of a warrant that is later proved defective,will be declared null and void.

Apart from law enforcement officers, private citizens may also make arrests. Known as “citizen’s arrests,” these arrests can only be made for grave crimes, like felonies and gross misdemeanors. The citizen making the arrest should also have a reasonable belief that the arrestee committed the crime. Being a witness to the crime is usually accepted as being a probable cause for making the arrest.

Miranda Rights

The arrested person is protected by constitutional rights. Under the Miranda Rule, the arrestee is informed of these constitutional rights. These are the three Miranda Rights:

* The right to remain silent
* The right to consult and have an attorney present during an interrogation
* The right to be provided with and represented by an attorney without bearing the cost

Miranda Rights swing into application only when a person is arrested and is brought in for interrogation. The Supreme Court decree of 2004 upheld state “stop-and-identify” laws, wherein the police may ask for the name, address, and date of birth of suspected persons, without arresting them or giving them Miranda warnings.

Arrest procedures may vary slightly across jurisdictions. They are however all geared toward protecting the rights of the individuals.