How to Make an Arrest
When a person is arrested, he is taken into custody and not allowed to leave the scene. Before making an arrest, a law enforcement officer must have good reason to believe that an individual has committed a crime. Suspects have certain rights under the law, including not being taken into custody from inside their homes unless a judge or magistrate has signed an arrest warrant. Police officers must follow certain procedures when arresting someone suspected of a crime.
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Instructions
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Obtain an arrest warrant. In some cases, there may not be time to get a warrant. If a crime is committed in your presence, or if you have sufficient probable cause that a crime has been committed, you can make an arrest without a warrant. This is often the case if it involves the commission of a serious crime.
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Determine if you have enough probable cause to make an arrest. A suspect's conduct must threaten the safety of others or endanger public or private property in order to support the arrest. Suspicion alone is not enough to establish probable cause.
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Enter the dwelling in which the suspect resides only if you have reason to believe that the person is inside. Police must knock first and announce themselves before entering a suspect's home. Officers must have either consent or an arrest warrant to enter. However, an arrest warrant does not give police the right to enter someone else's home to arrest a suspect. If a suspect is not at home, police must wait until he is in a public place before making the arrest.
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Use force to make an arrest only if the suspect resists arrest, attempts to escape or is trying to harm you. In these cases, a police officer may use reasonable force to make an arrest, particularly if a suspect is armed and dangerous. When a suspect physically resists or attempts to run away, restraint with handcuffs is considered reasonable force.
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Inform the suspect of her constitutional rights -- the "Miranda" warning -- especially if you plan to interrogate her. These include the right to remain silent and to have an attorney present during questioning. Let her know that a court will appoint an attorney to represent her if she cannot afford one. According to the American Bar Association, police are not required to inform a person why she is under arrest, but most times they will.
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Search the individual for weapons or evidence of the crime during arrest. The arresting officers have a right to conduct a quick check of where the suspect resides if the arrest is made outside the residence but near the door. The purpose is usually to search for other individuals present inside the home who may threaten the police or the safety or welfare of others. Police may not search for incriminating evidence inside the home without a search warrant. An arrest warrant gives the police the right to look for a person, not physical evidence.
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Tips & Warnings
Police may enter a suspect's home to make an arrest without consent or an arrest warrant if there is the fear that the suspect will escape, that evidence will be destroyed or that the suspect may harm police officers or other individuals.
