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Probable cause or warrant
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∙ 8y ago
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What are the legal basis for arrest?
A police officer must have probable cause in order to arrest someone. They can arrest a person if they see a crime taking place or if an arrest warrant has been issued.
What must police have in a criminal case in order to make an arrest?
Probable cause
If a Police officer in NY stops someone that has a Felony warrant can that officer arrest him on that warrant?
Yes, of course. An arrest warrant is a command from a judge to arrest a person. Usually a police officer has no choice and must arrest.
What must police have to arrest people?
an arrest warrant.
Can a citizen use citizens arrest on a police officer?
No, they cannot. In order for a citizen to enact a citizens arrest, most have to have witnessed you committing a felony crime. Then the citizen is the one who fills out all the paperwork and essentially is your arresting officer. In order for a Police Officer to arrest you, they must have reasonable suspicion that you've committed a crime.
What are the three essential components of an arrest warrant?
In order to make a warrantless arrest, a police officer must be given permission to enter or be in an emergency situation. In both instances, the officer must have sufficient probable cause to make the arrest.
What can you do if you disagree with the bench warrant?
Appear. A warrant is an order from the court for something to be done. A bench warrant is a order to any police officer (which they must obey) to arrest and deliver a specific person to the court. Going in on your own should cancel the warrant, and may let you avoid arrest.
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.
What rights are read to a Canadian upon arrest?
Canadian law enforcement can only arrest someone if there is an active arrest warrant or a reasonable suspicion that the person has committed, is committing, or is about to commit a crime. The arresting officers must identify themselves as law enforcement officers and state that they are putting the person under arrest. They must also tell people the charges against them and let them talk to a lawyer. Police can't question someone until they have a chance to talk to a lawyer, but they can search the person for evidence.
Do the police need a reason to arrest you?
Yes, the police generally need a reason to arrest someone. They must have probable cause, which means they must have a reasonable belief that a crime has been committed and that the person being arrested is involved in that crime. However, there may be exceptions to this requirement in certain circumstances, such as when making an arrest for a warrant or in cases of public safety.
How long do the police have to charge you with a crime AFTER they arrest you in Kentucky?
In order to take you into custody they must charge you with an offense at the time of your booking. That being said... thee PROSECUTOR may change the arrest charge at any time up until you are presented to the court for your arraignment.
If the police take you to the station are you under arrest?
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.
