Find Details of the Criminal Arrest Procedure

Taking someone under arrest refers to putting the person in the custody of the police or the law enforcement agency. An arrest made for a criminal offense is called a criminal arrest. The arrests can be made under three circumstances- when some law enforcement agents see a crime being committed, when the facts and evidences of a crime weigh towards a person which is called a ‘probable cause’ in legal terms, the officer can arrest him or her under suspicion and if the judge issues an arrest warrant.

Criminal Arrest Offenses

When a police officer on duty sees a crime being committed, for example, purse snatching or eve-teasing, he or she can use his personal observation to arrest the person concerned for theft, robbery or an appropriate charge. If the officer, when on patrol, finds a vehicle driven erratically, he or she has the authority to pull over to the car and ask the driver for a breathalyzer test. If the result shows twice the percentage of alcohol as set by the state law, the driver can be taken into custody.

A probable cause is another clause according to which a police officer can arrest someone under the suspicion of a criminal offense. As per this law, if an officer has sufficient reasons to believe on the basis of circumstances and facts that someone has intentions to or have already committed a crime, then he or she can take the person into custody. For example, someone is caught right after the officer gets report that there has been a robbery in some store and the description matches with this person and arms and huge amount of cash is found from him, the officer has the authority to arrest him as suspect.

Third circumstance for criminal arrests is where the warrant for an arrest is issued by a magistrate or a judge. It happens when an officer gives statement. An arrest does not necessarily involve handcuffing or the use of physical force. An arrest is done when the suspect is told about his or her being under arrest and he or she submits voluntarily or involuntarily to the law enforcement agencies.

Criminal Arrest: Miranda Rights

But as per the Miranda Rights stated in the Fifth Amendment of the US Constitution, an arrested individual can exercise five rights to free himself or herself from self-incrimination. These five rights are-

•    The arrested individual can remain silent.
•    He or she can refuse to answer any questions as whatever is spoken by him /her can be used against him/her in the court.
•    The individual can practice the right to stay silent until his or her lawyer comes.
•    If an individual is unable to pay for a lawyer, he or she can ask the state to provide one before the interrogation starts.
•    If he or she answers their questions in absence of the lawyer, the right to stop answering in between rests with him or her.

The Miranda Right is applicable only after the individual is in the custody of the police. So, if you are held for a ticket, you cannot ask the officers to wait until your lawyer turns up.

To access the criminal arrest records, you need to conduct a criminal history check which is available online too. This search can be performed state wise, county wise or you can apply for the documents from the respective courthouse.