How Do Police Make Arrests?

The Circumstances

Arrests are made when a warrant is issued, if a person is caught committing a crime, or if a police officer has reasonable suspicion that a crime was committed. An arrest simply means detaining a person for a period of time to investigate the crime. If the arrest was based on a warrant, the warrant gives any law enforcement officer the right to arrest the person named if they encounter them, no matter the circumstances.

An arrest involves a police officer telling a person that they are under arrest and why they are under arrest. Handcuffs are not always used, but they can be utilized at the discretion of the arresting officer. This can include safety for the suspect, public safety and the safety of the officer. The officer is also authorized to use reasonable, but not excessive, force if a suspect is resisting arrest.

The person being arrested or detained should be read his rights. Some, but not all, of the rights include the right to remain silent, the right to an attorney, the right to be able to notify or have someone notified of his arrest.

The person being arrested should also be told that anything they say can be used against them in court and if they cannot afford an attorney one will be appointed to them at no cost. This is called Miranda Rights. To avoid confusion and to make sure the person being arrested understands their rights, the police officer will need to ask if they understand their rights. The officer will need an affirmative answer. Contrary to popular belief, reading the Miranda Rights to a suspect is not required at the arrest, but it is required before questioning.

The police will search a subject after they take them into custody. The search is more likely if the police are looking for something relating to the suspected offense.

The arresting officer will take the suspect to a detention facility or local jail. The time spent in the jail before formal charges are made depends on the suspected crime and if a judge or magistrate extends the detaining time due to evidence or severity of the crime.