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A warrant.
Update: In the US, police have different requirements based on the situation. If the police suspect that you have committed a crime, they can question and detain you on a very limited basis. They may frisk you if they suspect you possess a weapon, but they must be able to articulate why they suspected you had a weapon. If the police have probable cause, they can arrest you (take you into custody). Generally, probable cause is defined as that information that would lead a reasonable person to believe that you are committing or have committed a crime. You can be arrested on probable cause (PC) days after the event if you are in a public place. However, to arrest you in your home, or in someone else's home, they must have a warrant issued by a judge. The existence of the arrest warrant give other officers PC to arrest you when they know nothing about the case (such as when you are traveling through a neighboring town, state or province.
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Can a preliminary hearing be held without the person that was arrested?
No. The person that has been arrested must be present.
What is harbeas corpus?
Habeas corpus is a Latin term that means "you may have the body." It means that any person who has been arrested and detained by police, must be able to plead their case before a judge or court of law.
Can you discover if there is a warrant for your arrest?
The arrested person has the right to inform his friend, relative or any other person in his interest about his arrest. The police official must inform the arrested person all his rights right after detainment/ arrest of the accused person.
What are the responsibilities of the parents of a runaway?
Depending on the age it is not really a parent issue, in New York after 90 days the parents can be arrested until the child is found alive or proof of life is given to police. * The parents are responsible for filing an absentee minor report with the police department that has jurisdiction and to cooperate with authorities in whatever capacity is required. Neither parents or any other person can be arrested simply because a person minor or adult is missing. Before anyone can be arrested there must be proof that a crime has been committed, and said person had particpated in or had knowledge of the criminal act in question.
What must a police officer present to a magistrate to abotain an arrest warrant?
Typically, an officer must present the name of the suspect to be arrested, a description of the crime committed, the listed violation by statute, a statement of probable cause listing why they believe a crime has been committed by that person and what evidence they have to corroborate that belief.
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.
Why would police let someone go if they were caught commiting a crime?
There are numerous reasons why police would let someone go even if they are caught commiting a crime. Some points on this are-Whatever be the nature the crime the police must present the person arrested before the magistrate of the area or any other authority notified. In India this has to be done within 24 Hours of the arrest.When appearing before the magistrate the police has to be ready with all documents such as chargesheet. The chargesheet is the basis of arrest and mentions the law under which the person has been arrested, the charges leveled against him,etc.The magistrate now has to make an order wherein the person may be sent to further Judicial or Police Custody which we commonly understand to be under arrest.The magistrate may order that the person be set free if he feels that the charges are not severe or if the arrest seems to be arbitrary.The magistrate may even allow the release of the person if the person presents a bond of good conduct.Release can also be because Bail has been granted to the person arrested. This however does not mean that he shall not be prosecuted in court.
What is the difference between penal codes 836 and 837 in California?
PC 836 deals only with law enforcement. where as 837 is only a citizen's arrest. the arrested person must then be turned over to the police.
What is the difference between being arrested and being charged?
Arresting is the physical act of taking someone into custody. It is normally performed by police officers. Charging is the act of proceeding in court with a prosecution against someone for committing a crime. It is normally performed by prosecutors. A person who has not been charged can be arrested. The police then bring information to the prosecutors, who then decide whether to charge. If the prosecutor declines to charge, the police normally must let the person go. A person who has not been arrested can be charged. The prosecutors can write up and present the charges, and have a judge issue a warrant for the arrest of the suspect. Sometimes years can go by before the charged person is located and arrested. Normally, the police can arrest someone if there is a judge-issued arrest warrant against the person, or if the police have probable cause to believe the person has committed a crime. In some states the police cannot arrest for certain misdemeanors without a warrant, or without personally witnessing the crime. Normally, the prosecutor must have probable cause to believe the person committed a crime in order to charge them. In some jurisdictions, the prosecutor's decision must be confirmed by a grand jury or the charge is dismissed. Elsewhere, the defendant may have the right to have a judge decide on whether there is probable cause.
What rules must be followed when arresting a suspect?
If being arrested a person must be "read" his Miranda rights.
When the person is arrested who questions the arrested person?
When a person is brought in for questioning, but is not yet under arrest, the police detectives question the person. However, preliminary questions might be asked by any police officer, for example, a Patrol Officer who pulls over a person suspected of drunk driving. Once a person has been arrested, the situation might change dramatically. If the person does not "lawyer up" by requesting a lawyer, the police can continue questioning the person. The police are supposed to Mirandize (give the Miranda Rights) to a person before questioning or arrest, but sometimes officers fail to Mirandize. If a person asks for a lawyer, all questioning must stop until the lawyer arrives. I believe a Prosecutor or Assistant Prosecutor can also ask a suspect questions as a "Court Officer". But, again, Miranda is important. Without being given one's Miranda rights, any disclosures or verbal and written statements a person makes could be thrown out and barred from trial evidence.Another View: SHORT ANSWER to the question that was asked: ANY investigating officer assigned to the case, regardless of title or rank, can question an arrestee.
What must a search warrant state?
An arrest warrant must name or specifically describe the person(s) to be arrested.
