Three Things To Remember When An Arrest

The definition of detention is unclear and difficult to develop a framework when there is no actual physical restraint or legal obligation. A legal test for psychological detention could be whether a reasonable person would consider that his or her rights to act liberally have been removed but to comply in that particular circumstance. According to ss.9 and 10(b) of the Charter, Mr. Grant was considered detained even before he was asked what he possessed: initial police

Even brief street detentions are arrests, and pat downs are searches, so the police can’t do anything unless they’ve got probable cause.

3. Arrest—The officer is not required to use the word ‘arrest’ to initiate an arrest. For an arrest to be considered legal, the following conditions need to exist. First, the officer has to have probable cause, the legal requirement for an arrest. Second, the officer has to deprive the individual of freedom, and lastly, the suspect believes that he or she is now in custody and has lost his or her liberty.

Law enforcement officers are given much power and authority over one’s civil liberties. Not only do they have a duty but also a responsibility to enforce laws and ordinances in their jurisdiction, maintain order and protect its people. In some cases, the only way to accomplish this is through legitimized use of force. Use of force can best be described as "the amount of effort required by a law enforcement officer to induce compliance of an unwilling subject" (nij.gov, 2012). With that said, law enforcement officers have been given the right to apply only enough force necessary to control a situation, while defending others, preventing escape, during self-defense and while a subject is resisting arrest (Pollock, pp. 234). It is not until that force becomes excessive that it becomes say an issue.

Once someone reaches a level of reasonable suspicion, police officers are allowed to stop and frisk the suspects. If they are still thought to be participating in illegal activity it becomes probable cause and then the suspect will be arrested and interrogated. Due to Miranda rights people have the opportunity to speak with an attorney before being questioned and may also have one present while being questioned.

A person in custody shouldn’t be given their Miranda warnings before being asked consent to search because the arresting officer(s) aren’t supposed to expect the defendant to know these rights. Moreover, they have not begun the interrogation which is one of the requirements for reading of the Miranda warnings. The defendant is not free to go when under custodial interrogation, but is when obtaining a consent to search which is why there are no elaborate

Everyone has heard the term Miranda Rights, whether that be when taking a law class, during the course of a television show, or perhaps through personal experience with their use, but what do these two words really mean, where did they come from and how to they apply to an individual's everyday life? The answers to this question are neither simple nor fully answered today, as challenges to Miranda Rights appear in courtrooms routinely. However, the basis for Miranda Rights can be traced back to a landmark case handed down from the Supreme Court of the United States in 1965 entitled Miranda v. Arizona. Ernesto Miranda was an immigrant from Mexico living in the Phoenix, Arizona area in 1963 when he was accused of

An arrest occurs whenever a police office detains a person any reason. There are a few

Use of force is the effort used by a police officer to force compliance of a suspect who is not willing to submit. The basic presumption is that police officers should not use force that is more than necessary to make an arrest or protect themselves and the public from danger. There a several factor to take into consideration in determining if the use of force is necessary. Some of these factors are the location of the encounter and the mental capabilities of the subject. Although there is an established guidelines for officers to determine whether it is necessary to use force and the amount that is appropriate, there are situations

When you are taken into the police station, you have the right to get the police to tell someone where you are, as well as get free legal advice and medical treatment from a healthcare professional (Rethink, 2013)

Whenever a law enforcement officer places an individual under arrest or is involved in a deadly force scenario the officer has used some degree of force. The incidents where an office has to make a split second decision and use physical force to control a situation is known as “Use of Force.” The use of force varies as situations present themselves to the officer and they must decide what level of force is necessary to control the situation. Often the use of force is subject to much debate and not a year goes by without some media coverage of some law enforcement officer accused of using excessive force. In dozens of studies of police use of force there is no single,

The Miranda Court limited the decision to circumstances in which the person has been “… taken into custody or otherwise deprived of freedom of action in any significant way.” In modern cases, custody has been interpreted to include arrests and situations in which a reasonable person (not essentially the person actually involved) would think their freedom of action was restrained to the degree associated with arrest. Whether a custodial situation exists is not always clear-cut. For instance, if the restraint is at the police station, or is in a police vehicle, or under a “police-dominated atmosphere,” it would be more probable to be considered custody. Nonetheless, if the person is at their home or place of business, in their

What if you’re under 17 years old? If you’re under 17 years old and you’re detained by the police, an appropriate adult (usually your parent or guardian) should be informed soon as possible and the police should not interview you until your parents are present, unless a delay occurred e.g. A delay would cause an immediate risk or harm to someone or serious loss of or damage to

In some cases, the authorities may arrest you even though you have not committed a crime. When a police have reasonable suspicions (probable cause) that you have violated the law, he has the right to issue a warrant against you. If you are planning to challenge the claim the officer’s claim to probable cause, you will need the assistance of Utah Criminal Defense Attorney.

When you are arrested, if you aren’t given you Miranda Rights, then questioning after an arrest, can be inadmissible at trial (“Advisement of Rights”, np). That is part of what Due Process is. Due Process is the right that you have to be given all of your rights and the court has to execute all of your rights before you can be punished. Another right is no cruel or unusual