Criminal Arrest

Criminal Arrest

Criminal Arrest

A person may be arrested when there is probable cause to believe that he or she has committed a crime; when an indictment has been handed down by a grand jury; or when parole or probation has been violated in any way. The court may then issue an arrest warrant, which is served by a police officer or other court-appointed individual. The warrant must specify clearly the nature of the offense with which the party arrested is charged.

In most cases, however, arrests are made by police officers without warrants when they apprehend a suspect during the commission of a crime or when they have sufficient reason to believe that a person is guilty of a criminal offense. Civilian arrests are sometimes made by one who is not an officer of the law when a felony is committed in that person’s presence. Private individuals and, occasionally, arresting officers may be subject to suit for false arrest if the accused party is acquitted.

Since the 1960s, the rights of a person facing arrest in the United States have been protected by several landmark decisions of the U.S. Supreme Court. The best known is the case of Miranda v. Arizona (1966), in which the Court ruled that the suspect must be informed by the arresting officer of his or her constitutional rights, including the right to remain silent and the right to have an attorney present during questioning. After an arrest is made the suspect is taken to a police station to be booked. See Criminal Procedure. (1)

Resources

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Notes and References

  1. Encarta Online Encyclopedia

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