Being arrested is something that’s very serious, so it must be handled in the proper manner. Most arrests occur because it’s suspected that the individual has committed a crime, but that doesn’t mean that every arrest is lawful.
In order for an arrest to be legal, it must meet very strict requirements. Understanding these basics may help to ensure that your rights are protected and any missteps could play a crucial role in the defense strategy.
Probable cause is required for all arrests
Probable cause is at the heart of all lawful arrests, even if there’s an arrest warrant for the individual. In the case of an arrest warrant, probable cause was reported to the court and the court verified that the information provided equates probable cause.
When there isn’t an arrest warrant, the arresting officer must have probable cause that the person has committed, is committing or is about to commit a crime. This means that they have specific information, such as a police officer seeing someone breaking into a car. Someone who simply looks suspicious doesn’t meet the standard necessary for probable cause.
Your rights during and after an arrest
Even if an arrest is legal, the individual still has rights. These include the Miranda rights, which are based on the United States Constitution. Failing to uphold the person’s rights doesn’t automatically make the arrest illegal, but it can affect the case against the defendant.
Anyone who’s been arrested should ensure they understand their defense options. These may be complex, so it may benefit them to work with someone familiar with these matters.