Police Arrest Procedures
Arrest procedures across all 50 states have to be the same since the U.S. Constitution was built on the basis that a person is not to be deprived of life or liberty without due process of the law. This means an arrest can only take place when a judge issues an arrest warrant for a suspected criminal or a grand jury finds a suspect guilty of a crime. But, do note that both these procedures can be overridden if an officer has valid reason for making an arrest (i.e., if the officer witnesses a crime in progress).
It's a police officer's sworn duty to enforce the law. If they witness a crime they have the responsibility to take that person into custody. This is where you will be informed that anything incriminating you say can and will be used against you in a court of law. It's your right to remain silent. The police officer must allow you the opportunity to call a lawyer. If you can't afford one, the police must ensure that one is appointed for you. These rights, read to every arrested suspect upon arrest, are known as what's called the Miranda Rights.
The Miranda Rights state that the evidence law enforcement gathers against the apprehended person cannot be used against him/her in court, unless he/she has been informed of this beforehand. This is because the United States is a nation that values personal liberty and civil rights. The U. S. Constitution was written to protect all American's civil liberties. It's Fifth Amendment specifically ensures that you don't have to incriminate yourself, even when being arrested. A person who is taken into police custody is able to retain his or her civil rights based on the belief a person is considered innocent until proven guilty.
When proper arrest procedures are followed, resisting arrest is against the law, and the police officer has the right to take that person by force. This means possible violent treatment or any force necessary to restrain the suspect. If the suspect escapes police custody and tries to flee, the officer has the right to shoot him or her down. You can also be charged with resisting arrest on top of the crime you're being apprehended for.
America was built on the concept that all are people are innocent until proven guilty. These checks and procedures are necessary to ensure no partiality among arresting authorities and to uphold the law at the highest level. No one is above the law, not even law enforcement. In the United States of America, no one, including law enforcement, are allowed to take the law into her own hands.
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The Miranda Rights were based on
the self-incrimination clause of the
Fifth Amendment of the Constitution. Therefore, in order for the Miranda Rights to legally apply, the six factors listed below must be present:
Evidence must have been gathered.
The evidence must be testimonial.
The evidence must have been obtained while the suspect was in custody.
The evidence must have been the product of interrogation.
The interrogation must have been conducted by
The evidence must be offered by the state during a criminal prosecution.
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