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If they have not declared you 'under arrest', and read you your Miranda rights, then you are not under arrest, you are just in police custody. That would be a good time to consult your lawyer.
Another View: (in the US) Whether you are told, "You are under arrest," or not, BELIEVE ME, if you are taken to the police station and are not free to decline the trip, you ARE under arrest.
ALSO; You do NOT have to be read your Miranda Rights at the time of your arrest. You must only be advised of them PRIOR to the start of any questioning about the offense.
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∙ 13y ago
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When is a person under arrest?
A person is "under arrest" when a police officer charges them with a crime and chooses to take them to the police station to be processed for it. For example, if someone commits a crime, they are technically under arrest when a police officer witnesses the crime or has a warrant for the arrest and tells the criminal "You are under arrest." Typical procedure after this is to put handcuffs on the criminal and read them their Miranda rights (you have the right to remain silent etc). Handcuffs alone do not mean arrest, but i'm pretty sure its illegal for a police officer to handcuff someone without grounds to arrest them. As a side note, the person doing the arrest does not have to be a sworn in police officer. In Citizen's arrest cases, anyone with arresting powers like a bounty hunter can also place someone under arrest.
Do the police search you before they arrest you?
yes they do check you. Typically, as part of the arrest process, there is a search. However, depending upon the circumstances, the search may take place before the arrest, or you may be under arrest and the search can take place after.
How do you know when you are under arrest?
THINK. The police or sherrif will tell you - right before they put the handcuffs on and take you to jail.
Can a police officer take you to jail over a dog running stray?
Question is somewhat unclear but usually not, unless they have a warrant for your arrest, or you were placed under arrest for some other violation of law.
What is the definition of police arrest?
It means to sieze or to take into custody.
Do you have to submit to a sobriety test when asked by a law enforcement officer?
Yes, in most countries you will have to do the test. If you refuse, the officer is usually empowered to arrest and take you to a police station for a blood test.
Who does the police take into custody with handcuffs?
Anyone under arrest. Also people can be detained pending a search or to make any situation safer by use of handcuffs.
Can police obtain my phone number and ring me without my consent about a complaint made against me and do i have to go in for an interview?
They can ring you but only to give you the information. they can not make you go to the station for an interview. if they do ask you ask them if you are under arrest if they say no then do not attend unless you wish to but take a solicitor with you (UK LAW)
What do the police do with your dog when they arrest you on the street in Culver City?
take it to the pound or animal shelter
Can you decline an arrest warrant?
No, the Warrant gives the Police the authority to take your liberty, it is not negotiable.
What must police do at the time of the arrest?
In most cases the officer will inform you of the reason for your arrest and take you in to custody for booking. You may or may not be advised of your Miranda Rights at arrest but should be advised before your are questioned after arrest.
Where can you take your 17 year old for a drug test?
The Police Station.
