Did you get arrested recently? Are you feeling as if
your rights have been violated? The fact of the matter is, when the police
arrest someone, they take away that person's fundamental right to freedom. As a
result there are several procedures the police must follow before they can make
a legal arrest so that your rights remain protected. So what are those standard
requirements that the police must comply with prior to an arrest?
In many states and police departments there are
extra procedures which must be followed. These procedures are designed to
protect police officers' physical safety and sometimes they are designed to
help the police officer document the arrest, and help the officer avoid making
a legal mistake which could ruin the prosecution's case in a criminal trial.
These extra procedures differ from one police department to the next, but
generally there are standard requirements an officer must follow prior to
conducting a lawful arrest.
There are only a very limited number of
circumstances in which an officer may make an arrest. The first is when an
officer has personally observed a crime such as a Driving Under the Influence
charge. The second is when the officer has probable cause to believe that the
person arrested committed a crime. Probable cause is defined as a reasonable suspicion
that the individual arrest may have engaged in unlawful conduct. The final
circumstance is when an officer has an arrest warrant issued by a judge.
An officer cannot arrest someone just because he/she
feels like it or has a hunch that someone might be a criminal. Police officers
have to be able to justify their arrest usually by showing some tangible
evidence that led them to probable cause.
The rules regarding what an officer must do while
making an arrest vary by jurisdiction. Generally, an arrest happens when the
person being arrested reasonably believes that she is not free to leave. The
officer need not use handcuffs, or place the arrestee in a patrol car, although
police often use these tactics to protect themselves. They also do not have to
read Miranda Rights at the time of arrest. However, the police must read a
suspect his Miranda Rights before an interrogation, so many police departments
recommend that Miranda Rights be read at the time of arrest. This way, they can
start questioning right away, and also, any information volunteered by a
suspect can be used against them. Finally, although the police will almost
always tell an arrestee why they are under arrest, they may not necessarily
have any legal obligation to do so. This depends on both the jurisdiction and
the circumstances of the arrest.
One universal rule police officers must follow is
that they are not allowed to use excessive force or treat the arrestee cruelly.
Generally, police officers are only allowed to use the minimum amount of force
necessary to protect themselves and bring the suspect into police custody. This
is why people are advised to never resist an arrest or argue with police. The
more a suspect struggles, the more force is required for the police to do their
job. If the arrestee thinks the arrest is unjustified or incorrect, she can
always challenge it later with the help of an attorney, and if warranted, bring
a civil rights case.
If you or a loved one is in a bind as a result of a
criminal charge, immediately contact a Seattle Criminal Attorney. A Criminal
lawyer is not going to judge you, and understands that everyone makes mistakes.
Hiring a Seattle Criminal Lawyer to help can – at a minimum – reduce penalties,
and can help direct people on how to best deal with their criminal charge, and
many times even get them dismissed. So it should go without saying that someone
cited for a misdemeanor or felony should hire a qualified Seattle Criminal Lawyer as soon as possible. Criminal charges can cause havoc on a person’s
personal and professional life. Anyone charged with a crime in Washington State
should immediately seek the assistance of a seasoned Seattle Criminal Lawyer.
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