What action are madontary after aressting and detaining a person?
Answers
Answer:When the police arrest someone, they take away that person's fundamental right to freedom. Consequently, there are several procedures the police must follow before they can make a legal arrest so that our rights remain protected. Many states and police departments add extra procedures. Sometimes, they're designed to protect police officers' physical safety; sometimes they're meant to help the officer document the arrest; and some of these procedures are intended to help the officer avoid making a legal mistake which could ruin the prosecution's case.
Police arrest procedures differ from one department to the next, so if you have questions about these, it's best to contact your local police. The following is a general discussion of the procedures police must follow while making an arrest.
When an Officer May Make an Arrest
There are only a very limited number of circumstances in which an officer may make an arrest:
The officer personally observed a crime;
The officer has probable cause to believe that person arrested committed a crime;
The officer has an arrest warrant issued by a judge.
An officer cannot arrest someone just because she feels like it or has a vague hunch that someone might be a criminal. Police officers have to be able to justify their arrest usually by showing some tangible evidence that led them to probable cause.
Requirements of Police: Arrest Procedures
The rules regarding what an officer must do while making an arrest vary by jurisdiction. Generally, an arrest happens when the person being arrested reasonably believes that she is not free to leave. The officer need not use handcuffs, or place the arrestee in a police cruiser, although police often use these tactics to protect themselves.
Police also do not have to read Miranda Rights at the time of arrest. However, the police must read a suspect their rights before an interrogation, so many police departments recommend that Miranda Rights be read at the time of arrest. This way, they can start questioning right away, and also, any information volunteered by a suspect can be used against them.
Finally, although police will almost always tell an arrestee why they're under arrest, they may not necessarily have any legal obligation to do so. This depends on both the jurisdiction and the circumstances of the arrest.
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