THE ARREST

When a crime is committed and the police are summoned. If a criminal suspect is identified to the police, the police will attempt to apprehend that criminal suspect and make an arrest.

Before the police can arrest anyone, however, and before a judge can issue an arrest warrant, the 4th Amendment to the United States Constitution requires that there be probable cause to arrest. Probable cause for an arrest exists when the facts and circumstances are such that a person of ordinary caution or prudence would believe and conscientiously entertain a strong suspicion of the guilt of the accused, such that the criminal suspect should be taken into custody to stand trial. An oral complaint to a police officer by a victim of, or witness to, a crime can be enough to support probable cause.

Even if there is insufficient evidence of probable cause, however, the police may stop and detain a person to conduct brief investigation. Even for this brief detention, however, the police must have at least a reasonable suspicion that a crime has been, is being, or is about to be committed. This reasonable suspicion must be based upon specific facts.
Normally, the police can arrest for any felony committed in their presence or reported to them, and any misdemeanor or infraction committed in their presence. Generally, by statue, the police cannot arrest for misdemeanors or infractions not committed in their presence (with the exception of violations of domestic violence restraining orders, domestic violence offenses, possession of a dangerous or deadly weapon within an airport, assault and battery upon a firefighter or paramedic, some driving under the influence offenses, and jail escapees). Instead, the victim or a witness to the crime may perform a citizen's arrest, in which they would arrest the criminal suspect and immediately turn the suspect over to the police, who handle transport and booking.

"Miranda" Rights What rights do I have? Whether you are an adult citizen or non-citizen, you have certain rights if you are arrested. Before the law enforcement officer questions you during a custodial interrogation, he or she should tell you that: You have the right to remain silent. Anything you say may be used against you. You have a right to have an attorney present while you are questioned. If you cannot afford an attorney, one will be appointed for you. These are your "Miranda" rights, guaranteed by the U.S. Constitution. If you are not given these warnings, your attorney can ask that any statements you made to the police not be used against you in court. But this does not necessarily mean that your case will be dismissed. And this does not apply if you volunteer information without being questioned by the police.

You can be questioned, without an attorney present, only if you voluntarily give up your rights and if you understand what you are giving up. NEVER GIVE UP YOUR RIGHTS!