FindLaw | Find a Lawyer. Find Answers.
Are you a legal Professional?
| Featured Attorneys | |
|
888-327-4652
|
|
Arrest
The criminal justice process typically begins when a police officer places a person under arrest. An "arrest" occurs when a person has been taken into police custody and is no longer free to leave or move about. The use of physical restraint or handcuffs is not necessary. An arrest can be complete when a police officer simply tells a crime suspect that he or she is "under arrest", and the suspect submits without the officer's use of any physical force. The key to an arrest is the exercise of police authority over a person, and that person's voluntary or involuntary submission.
A police officer may usually arrest a person in the following circumstances:
The Police Officer Personally Observes a Crime
If a police officer personally sees someone commit a crime, the officer may arrest that individual. For example:
- While on street patrol, a police officer sees a purse snatching take place. The officer can apprehend and arrest the purse-snatcher, based on the officer's personal observation of a theft/larceny or robbery.
- A police officer pulls over a vehicle that is being driven erratically, and after administering a Breathalyzer test, sees that the driver's alcohol intoxication level is more than twice the state's legal limit for safe operation of a vehicle. The police officer can arrest the driver for DUI/DWI.
The Police Officer Has "Probable Cause" to Arrest
When a police officer has a reasonable belief, based on facts and circumstances, that a person has committed or is about to commit a crime, the officer may arrest that person. This belief, known as "probable cause," may arise from any number of different facts and circumstances. For example:
- A police officer receives a report of an armed robbery that has just occurred at a liquor store, then sees a man who matches the suspect's exact description running down the street near the store. The officer detains and searches the man, finding a gun and a large amount of cash in his pockets. The officer can arrest the man, based on a probable cause belief that he committed a robbery.
FAQs
- Does discovery take place in criminal cases as in civil cases?
- How does a defendant appear in court?
- Do criminal cases involve interrogatories and depositions?
- What are plea bargains?
- Must the judge accept my plea?
A better way to find your attorney. Fast, free & easy.
Download more than 50,000 state-specific legal forms. Real estate documents, power of attorney forms, wills, employment contracts, divorce and separation agreements and much more.
Legal Ace.com offers turn key legal documents at affordable prices for business law, incorporations, trademarks, copyrights, wills, divorce and more.
Fast and friendly legal document service from LegalZoom, the #1 online legal document service