How do police arrest people

The officers have probable cause to arrest the driver for the burglary of Eric's store. The purpose of arrest warrants is to protect people from unreasonable arrests under the Fourth Amendment. Courts favor warrants because they prefer to have a neutral judicial officer assess whether the police have probable cause before an arrest.

But courts recognize that obtaining a warrant is not always practical. Police officers can make an arrest without a warrant under certain circumstances. An arrest warrant is a court order directing officers to arrest a certain person. To obtain an arrest warrant, officers must convince a judge that probable cause a reasonable suspicion based on facts exists for the arrest. Typically, police provide judges with a written statement under oath—called an affidavit—that summarizes the facts supporting their belief that the suspect committed a crime.

Most arrest warrants are issued after prosecutors charge a suspect with a crime. Arrest warrants typically identify the crime for which a judge has authorized an arrest and might restrict the manner in which an officer can make an arrest. For example, an arrest warrant might state that officers can arrest a suspect "only between the hours of 8 a. To enter a suspect's home, officers usually must have an arrest warrant and reason to believe that the suspect lives at the home and will be present at the time of their entry.

In emergency situations, police officers can enter a residence to arrest an occupant without a warrant. Examples of emergencies include chasing a fleeing suspect into a residence in "hot pursuit" or entering a home based on a reasonable belief that a person is in danger. An arrest warrant authorizes officers to take a defendant into police custody.

A search warrant authorizes police officers to search for specific objects or materials at a defined location. A search warrant specifies exactly when and where police officers can search and what they may search for.

For example, a search warrant for the home of a suspected drug trafficker might authorize officers to search "the premises at Queens Court between the hours of 8 a. In some situations, an officer might need to make an arrest before obtaining a warrant.

The circumstances that guide this decision often rest on the severity of the offense involved. When officers have probable cause to believe a felony has been committed, they can legally arrest a suspect in public without a warrant. Because misdemeanors are less serious than felonies, the general rule is that an officer can only make a warrantless misdemeanor arrest when a suspect commits the crime in the officer's presence.

In general, probable cause requires more than a mere suspicion that a suspect committed a crime, but not as much information as would be required to prove the suspect guilty beyond a reasonable doubt. Because probable cause is an abstract concept, a firm definition of it is evasive. Courts have to determine case by case whether there is or was probable cause for an arrest.

Example : Officer Furman arrives at Simpson's Jewelry store moments after it's been robbed He sees broken glass inside the store. A man claiming to be Simpson, the owner, is on the scene. He holds what look like keys to the store and seems distressed.

He tells Furman that a man, approximately 6'5" tall and weighing over pounds, held up the store at gunpoint and escaped with rings and watches in a small brown paper bag. A few minutes later, less than a mile away from the jewelry store, Officer Furman pulls a car over for speeding.

The driver matches the description of the robber, and on the seat next to him is a small brown paper bag and a couple of watches with the price tags attached.

Though Officer Furman did not see the robbery itself, the driver matches the unusual physical description of the robber and has property that looks like what Simpson said was missing.

Furman has probable cause to arrest the driver. Example: Same case. Assume that the person claiming to be Simpson, the jewelry store owner, was actually the robber's accomplice. The accomplice gave Officer Furman a phony description and then fled after the officer drove off. The driver pulled over by the officer for speeding is later able to prove that he is the lawful owner of the watches that the officer saw on the seat.

In this scenario, the broken glass corroborated "Simpson's" statement that a robbery had occurred, and Officer Furman had no reason to doubt the word of the person claiming to be Simpson. Thus, the officer had probable cause to make the arrest, even though the information turned out to be incorrect.

They must ensure their safety, your safety, and the safety of the public. Anyone who is detained or arrested by the police, has the right to a lawyer.

This means they must be…. For some serious offences, the police can photograph and fingerprint someone they have arrested before their lawyer gets to the police station. Anyone who has been detained, arrested or charged with a crime has the right to remain silent and must be told that they have the right to remain silent.

People must give the police their correct name but other than that The police can and will ask you questions but you do not need to answer. If you do say anything at any time it can be used against you in court.

It is very important to talk to a lawyer before saying anything to the police. Make sure to tell the police you want to talk to a lawyer.

Then wait to speak with a lawyer before deciding to say anything else. It is your right. When can you be arrested? A police officer may arrest you if: They suspect on reasonable grounds that you have committed an offence or are about to commit an offence They have a warrant for your arrest They have stopped you for a breach of the peace threatening violence, or provoking someone else to be violent They believe on reasonable grounds that you have breached your bail conditions, or They need to serve an Apprehended Violence Order AVO on you.

What do the police have to tell you when they arrest you? Can a police officer use force against you? What happens if you resist arrest? When can the police search you?