Legal Rights During an Arrest

 Posted on May 12,2013 in Criminal Defense

Depending on the situation, have different requirements to fulfill before an arrest can be made.

Arrest and search

If an officer seizes or detains you in a way that indicates that their intention is to take you into custody under his or her control, then you are being arrested. Legally, when you are arrested, the immediate area in which you are arrested can be searched. If you are arrested at home, police also have the authority to search outside the immediate area of arrest for people.

Arrest warrants

A judge may write an arrest warrant which commands police to arrest the person named in the warrant. If you are arrested after a warrant has been written for you, the arresting officer has to state that he or she is “acting under the authority of the warrant” and allow you to see the warrant at the time of your arrest or soon after. If police officers attempt to arrest you at home, they must state their purpose and title to you, unless they believe that the notification will cause you to escape, harm them or destroy evidence.

Arrest without a warrant

If officers have a reason to believe that you have or will soon commit: “a felony whether or not in their presence, a misdemeanor in their presence or a misdemeanor not in their presence, or if they have reason to believe you may escape, cause injury to persons or property, or destroy evidence unless immediately arrested,” then you can be arrested without a warrant. Unless there are special circumstances, you cannot be arrested at home unless the officers have a warrant.

Traffic violations are also cause for arrest without a warrant, if the following areoccurring operating a vehicle under the influence of drugs or alcohol, failing to stop or give information about an accident that caused death, injury or property damage, driving with a suspended license, trying to avoid police officers, or if the officer(s) believe that you will ignore a traffic citation.

If you have been arrested, contact a criminal attorney for assistance to get you out. Christopher M. Cosley from Rolling Meadows will help you with the police officers and courts today.