It depends on the locality. In my state, a police officer can arrest you if you have an outstanding warrant, or if you have committed a misdemeanor that he/she witnessed, or if you are under suspicion of having committed a felony.
(in the US) In many locations arrest/detention on grounds of "suspcion" is still a lawful statute - yes - they can.
Yes. If the grounds for the arrest were lawful to begin with, the actual charge can be changed or amended at a later time.
upon arrest/ if the officer see's an illegal object/substance (called in plain view), or if the individual is on probation or parole
Yes, Idaho allows citizen's arrests but there are specific guidelines that must be followed. Citizens can arrest someone if they witness a felony being committed, or have reasonable grounds to believe a felony has been committed. It is recommended to contact law enforcement as soon as possible after making a citizen's arrest.
It's not up to the suspect to decide if there are grounds for the arrest. There may well be evidence that is sufficient to allow an arrest, but the Police or D.A. aren't required to tell you what that evidence is until the Discovery phase of the process.
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.
Circumstantial evidence is definitely enough to arrest someone - a person is arrested not just for questioning, but also to preserve other evidence, like forensics. Circumstantial evidence might not be enough for actual charges to be made, but the arrest might yield more concrete evidence.
Any duly consitituted law enforcement officer possessing the power of arrest may arrest a judge. An exception may be if the judge is actually on the bench and presiding at an in-session court hearing. Then the arrest may have to wait until his/her court is adjourned for the day.
Yes. Usually those that are arrested already have a charge that will be made against them but if you are being detained for questioning by a police officer and you resist, fight, or run, then you can be arrested on the grounds that you resisted arrest. Arrest does just not mean that you have been taken "downtown" but that you have been detained. You can be arrested and not charged for a crime.
The only real requirement is to say "You're under arrest," but not all states give private citizens the power of arrest. You then make every effort to deliver the arrested person into the custody of a law enforcement officer as soon as possible.it's very important to be sure of your grounds for making an arrest. If you don't have your ducks lined up, the person arrested can sue you for false arrest and/or bring criminal charges against you for false imprisonment.Added: In 100% agreement with foregoing answer and add - - the powers of citizens to arrest someone usually apply only to FELONY offenses. Don't try "arresting" someone for a traffic violation or a misdemeanor offense.
"Anyone can sue anybody for anything." If there was sufficient probable cause for your arrest to begin with, simply because the charge was 'dismissed' would not be sufficient grounds for a suit, unless there was MUCH more to the incident than the question reveals.
The future tense of arrest is "will arrest" or "is going to arrest." For example, "The police will arrest the suspect."