Being Arrested FAQ
Q: What Rules Must Police Follow When Arresting Me?
A: Police must have probable cause, use reasonable force & if they have you in custody and are interrogating you they must read you your Miranda Rights.
Q: What is “Reasonable Force?”
A: Reasonable force is the amount of force that a reasonable person would deem necessary under similar circumstances.
The remedy for reasonable force is- if the police use something other in excess of reasonable force a person is then entitled to use reasonable force in turn to resist that force.
Q: What is “Resisting Arrest?”
A: Resisting arrest is just as it sounds. If police have probable cause to arrest you and you delay or resist them in any way you can be charged, usually with a misdemeanor, of resisting arrest.
Q: Do the Police Have to Read My Rights?
A: The police only have to read you your rights if you are in custody and they are asking you questions to incriminate you.
People always come to me and say: “The police didn’t read me my rights.” Most times the police have enough evidence already that they don’t have to read you your rights. They only read you your rights if they need to prove more and need your statements to do it which is why you should never talk to the police without an attorney even if your innocent- especially if your innocent.
Q: When am I Legally Under Arrest?
A: It’s a legal test when you are no longer free to leave. If the jail door closes, you’re under arrest. If you’re in handcuffs, you may just be detained, but if they take you down to the station you’re probably under arrest.
Q: What is an “Arrest Warrant?”
A: An Arrest Warrant is when they’ve already charged you with a crime. When police have enough evidence they will go to a judge or magistrate, similar to an arrest warrant. Next the judge will set a bail and the cops will come get you. In order for them to get you in your home there is something called a “Leon Warrant” (a Supreme Court case) which states the police need a special arrest warrant to get you from your home.
“A document which authorizes the arrest & detention of an individual.”
Q: How Do the Police Obtain an Arrest Warrant?
A: Steps in obtaining an arrest warrant:
- Police submit affidavits or other evidence of probable cause to the District Attorney (DA)
- DA files charges
- Files are taken to the judge
- Judge assigns an arrest warrant
Q: Are the Police Required to Have a Warrant to Arrest Me?
A: The general answer is no. When police are out on the streets there is no time for a warrant
For a felony arrest- the police must observe a crime or a citizen can observe a crime and report it to the police.
For a misdemeanor arrest- the misdemeanor must be committed in the police’s presence.
Q: What is “Probable Cause?”
A: Probable cause is when the police have a reasonable articulable suspicion that a crime has been committed and that you are the person involved.
“A reasonable belief that a person has committed a crime.”