People who are being charged with criminal acts are usually placed under arrest. This is a big difference from being detained or being questioned. Understanding the points that make an arrest an arrest can help you when you are dealing with law enforcement officers.
What elements are present during an arrest?
Contrary to popular belief, being placed under arrest doesn’t have to involve being placed in handcuffs. By the same token, being placed in handcuffs doesn’t necessarily mean you are under arrest. In order for you to be arrested, the officer has to let you know that you are under arrest. If you aren’t under arrest but are placed in handcuffs, you might be detained.
Why would a person be arrested?
Police officers can arrest a person if they have a valid arrest warrant. In this case, the warrant should include information about the crime, the person who is subject to arrest, the location where the person might be found and contain a statement of permission for the arrest. They can also execute an arrest if they witness a person committing a crime, such as a person who is obviously driving drunk. Finally, if the police officer has probable cause to believe that a person committed a crime, they can arrest that person.
If you are arrested, you should pay attention to what the police officers do. In some cases, accusations of an unlawful arrest might be able to be included in the defense strategy of a case. That is only one point that you should consider when you are trying to develop a defense. Understanding some finer points of arrest procedures might be helpful.
Source: FindLaw, “Arrest,” accessed June 24, 2016