Investigation and Arrest

Criminal Procedure: Pretrial Events Investigation and Arrest

Introduction to Investigation and Arrest

The first step in a criminal prosecution is normally the arrest of the suspect. Arrests can be made with or without a warrant (a document issued by a court prior to an arrest that clearly specifies the nature of the offense for which the suspect is being arrested). An arrest is the process of taking a person into custody for the purpose of charging that person with a crime. An arrest is typically preceded by a prearrest investigation in which the police seek to determine (1) whether a crime was actually committed; and (2) if it was committed, whether there is sufficient information pointing to the guilt of a particular individual to justify arresting that person.

The prearrest investigation may involve, among other techniques, personal observation by a police officer, questioning of witnesses and the suspect, and collecting and examining physical evidence left at the scene of a crime (see Crime Detection). Before questioning a suspect in custody, the police must inform him or her of certain legal rights, including the right to remain silent and the right to have an attorney present during questioning. These Miranda warnings are named after the 1966 Supreme Court case, Miranda v. Arizona, in which the Court declared the necessity of such a procedure.

A judge may issue an arrest warrant if either a police officer or a private person swears under oath that the accused has committed a crime, or that a crime has been committed and there is probable cause for believing the accused committed it. For certain crimes, a summons may be used in place of an arrest. A summons is a formal document notifying a person that he or she is required to appear in court to answer a charge. A police officer may properly make an arrest without a warrant if a felony (serious crime) is committed or attempted in the officer’s presence, or if the officer reasonably believes a felony has been committed and that the accused did it. A police officer may also make an arrest for any misdemeanor (minor offense) committed or attempted in the officer’s presence. Even a private citizen may properly make a warrantless arrest in certain limited circumstances, but such citizen’s arrests are rare. ” (1)

Resources

Notes and References

• Information about Investigation and Arrest in the Encarta Online Encyclopedia

Guide to Investigation and Arrest

In this Section

Pretrial Events, Investigation and Arrest, Pretrial Events Booking, First Judicial Appearance, Bail, Preliminary Hearing, Arraignment on the Indictment and Preparation for Trial.