When the police arrest you, they’re not just locking you up; they’re also taking away your fundamental right to freedom. Therefore, it’s vital that you never surrender to an arrest that’s illegal or unlawful.
What makes an arrest unlawful? You’d be surprised to know that even the way your police officer behaves could nullify an arrest.
Here are some rules they must follow:
Can an officer make an arrest?
Yes, an officer can arrest a defendant, but under extremely limited circumstances. They can only do so if they have personally observed a crime or possess an arrest warrant.
An officer can also arrest you if they have probable cause to believe that the alleged defendant has committed a crime.
This is an important law because it prevents officers from arresting whoever they want to. Through this law, each police officer is required to justify the arrest they carried out with concrete evidence.
What is the arrest procedure?
It is not always necessary to make an arrest using handcuffs or to put the defendant in a police cruiser. The police may do this, but it’s not always needed.
Other than that, the police must also inform the arrestee why they’re being arrested. Most police departments and jurisdictions make it compulsory for the police officer to read out Miranda Rights.
Through these rights, the arrestee is informed of their right to remain silent or refusal to answer.
The use of force
This rule is not limited to any state. The U.S. Constitution protects every defendant from being physically tortured at the time of arrest. No police officer in the country can use force or treat the defendant with cruelty when they’re making an arrest. However, officers can use minimal force to protect themselves if their safety is threatened.
This is why defendants are advised to neither argue with the authorities nor resist arrest efforts. If you feel like you’re being unlawfully arrested, you can always prove it in the court. The judge gives everyone a fair chance to present their side of the story.