Elements of a Lawful Arrest
- The Constitution is in place to protect suspects' rights.cdconst2 image by Paco Ayala from Fotolia.com
The United States Bill of Rights protects citizens from unfair treatment by the criminal justice system. There are elements in it which provide officers of the justice system guidance on how to obtain a lawful arrest and protect the rights of suspects. When the criminal justice system does not adhere to these guidelines, it runs a risk of having the charges against the suspect dropped due to his rights being violated. - Probable cause must be present for an arrest to be made.gyrophare image by Pascal Perinelle from Fotolia.com
Officers are required to have probable cause before they arrest any suspect. Probable cause is defined as any kind of reliable evidence that implicates a suspect in a crime. In most cases, the court has 48 hours to bring charges against the suspect following the arrest. In other cases, detectives will bring evidence to the judge before the arrest is made. It is at this time the judge will determine if probable cause has been met and issue a warrant. Probable cause can be obtained through either eyewitness statements or evidence collected during the investigation. - Miranda rights protect the suspect from incriminating himself.handcuffs image by William Berry from Fotolia.com
In 1963, Miranda vs. Arizona ruled that anyone arrested for a crime must be read his rights prior to the arrest. The right to remain silent and the right to an attorney protects suspects from saying something incriminating against themselves to investigators without an attorney present. If the arresting officer does not provide the Miranda rights to a suspect, the suspect can be released on a technicality during trial. Officers are provided with a script they are to read the rights from to ensure the suspect is fully aware of his rights. - A judge issues a warrant when probable cause has been met.gavel image by Cora Reed from Fotolia.com
When a detective feels he has probable cause to charge a suspect with a crime, he can request a search or arrest warrant from a judge. A search warrant will allow the detective to enter the suspect's home or car and look for incriminating evidence. An arrest warrant is usually issued after the search warrant has been executed, stating that the evidence against the suspect is sufficient for charges to be filed. If an officer enters a suspect's home or car without a warrant and finds evidence against her, the charges can be dropped due to the violation of her Fourth Amendment rights against illegal search and seizure. However, there are extenuating circumstances that allow an officer to search a suspect and her home or car without a warrant.
