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Police Procedures While Making an Arrest

It is never a good experience for a person to get arrested by the police.

Once this happens, they have lost their freedom for a period of time. It is not something that can be done without a good reason. There are a number of procedures that members of law enforcement must follow during the course of making a legal arrest. These procedures are in place to make certain individuals who have committed criminal acts are safely arrested, and everyone’s rights are protected.

Arraignment

This is when an individual has been arrested and stands before a judge to hear the charges against them. It is likely a person will hear an amount that must be paid for their bail. Once bail is paid, an individual can be out of jail until their next court date. If they can’t afford to pay the bail, it’s possible to make arrangements with a bail bondsmen. They will pay an individual’s bail for a fee equal to a percentage of the bail amount. This is a way for an individual to be out of jail and able to spend time working with their attorney for the upcoming court proceedings.

When An Arrest Can Take Place

There are some very specific situations where a member of law enforcement is legally permitted to arrest an individual. This can happen if the law enforcement officer has personally observed someone committing a crime. An individual can be arrested if a law enforcement officer has probable cause to believe they’ve committed a crime. A person can be taken into custody when a judge has issued a warrant for their arrest.

Arrest Procedure

The rules covering what a member of law enforcement can do during an arrest are determined by individual jurisdictions. It is accepted that an arrest has occurred when an individual has been informed by a member of law enforcement they are not free to leave a scene. It is not necessary for a person to be placed in handcuffs or in a police cruiser to be arrested. This is done by members of law enforcement for their own protection. It is not necessary for a person to be read their Miranda Rights when they are arrested. Public vs private lawyer

Miranda Rights

These are something that must be read to a person prior to them being interrogated by law enforcement. Many jurisdictions prefer their law enforcement officers to read an individual their Miranda Rights at the time of the arrest. Once this is done, a law enforcement officer can ask a suspect questions. Any information a person provides the law enforcement officer can be legally used against them. The jurisdiction and circumstances will determine if a law enforcement officer is required to inform someone when they are under arrest.

Search

Should a person be stopped by a law enforcement officer, it is permissible for the officer to perform a pat-down. They can check to see if a person is carrying a concealed weapon. Should a person be placed under arrest, a thorough search can be performed on an individual as well as their surroundings. This will be to determine if a person has any evidence of having committed a crime, contraband, or stolen items, and more. Should there be a reason for an individual’s vehicle to be taken into custody, it will also be thoroughly searched. A person being arrested will have their personal property as well as cash secured and inventoried. They may be asked to sign an inventory list. During the arrest process, a law enforcement officer is not permitted to use excessive force or treat the person being arrested cruelly.

Booking Procedure

After an individual is placed under arrest, they will be taken to a station for booking. At that time, they will be asked a series of questions. This will include their name, date of birth, address, and more. They will also have their fingerprints and photographs taken. In some situations, individuals who are arrested are asked to provide a handwriting sample or be involved in a police line-up. If a person is detained, but not booked within an acceptable time period, a lawyer may ask that their client be brought before a court. This will be to determine the legality of keeping their client in jail.

Charges

After an individual completes the booking process, their case will be forwarded to the prosecutor’s office. A decision will be made concerning what charges should be filed against them. The charges must be filed between 48 and 72 hours.
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