Arrests are an all-American phenomenon. The police made more than 10 million arrests in 2019 alone.
One reason why this number is so high is ignorance. Many Americans are not aware of the arrest process, and they say things that get them arrested.
What are your rights during police interviews? What happens when you go into a police station? When do you first appear in front of a judge?
Answer these questions and you can prevent devastating charges against you. Here is your comprehensive guide.
Table of Contents
Rights During the Arrest Process
You maintain a series of rights during any contact with the police and through all stages of the arrest process. It does not matter if you are guilty or not.
You have the right to remain silent during any conversation with the police. They do not have to read a Miranda warning to you for you to invoke this right.
In some states, you must give your name and hand over your photo ID when you are asked for them. But you do not have to do so unless an officer asks for that information.
You can otherwise refuse to answer any questions put to you. You must say that you are invoking your right to remain silent in order to do so.
You have the right to have an attorney with you while you are around the police. If you are being interrogated and you ask for a lawyer, the police must suspend the interrogation. You can have any lawyer you want, including from a regional firm like Detwiler Law.
You can refuse searches of your car, house, or person. The police can engage in an unwarranted search only if you pose a significant risk or if they have reasonable suspicion.
You may ask for a warrant if the police insist that they have one. If you are arrested, you have the right to ask about your charges.
911 Calls
The arrest process may begin with a 911 call. A person who places a phone call to 911 will be directed to a responder near them.
The responder may ask them questions about what is going on, or the caller may give details. The responder can trace the call or ask for an address to send police officers to.
Any call to 911 is recorded. A prosecutor can use the recording for their court case. This includes anything heard in the background, including someone shouting or a gunshot.
A responder may send officers out after a non-emergency call is placed to them. Someone may make a non-emergency call for a noise complaint or to report a minor crime. This can still initiate the arrest process.
Initial Contact
Initial contact between a member of the public and an officer depends on the location and circumstances of the contact. If an officer suspects a violent confrontation, they may cut to the chase and put a person in handcuffs.
Most officers will begin by engaging people in conversation. This lets them build a rapport that can induce incriminating answers. They may ask for a driver’s license and the person’s name so they know who they are talking to.
An officer can ask any question they want. “Where are you coming from?” is a common question, especially if the officer suspects a crime.
Anything that a person says can be used against them. Someone may say that they were at home. Even if that is the truth, that comment can get twisted in a trial.
The police can also lie to you. Many officers say that if an individual answers their questions, they can go free. This may not be true, especially if they are investigating a crime.
Officers can make an arrest on several grounds. They may suspect that someone is committing or has committed a crime. They may need to detain someone to get further information out of them.
Going to the Police Station
An officer must announce that they are arresting a person. They will put the person in handcuffs and read them their Miranda rights.
Many people assume that they can go free if they are not read their rights. This is not true. But they can exercise their rights, and they can use the omission to bolster their defense in court.
The officer will put the arrestee into a police vehicle. They will then drive to the police station in the precinct of the arrest.
Officers will photograph, fingerprint, and interview the arrestee. An employee at the station will take down the person’s personal information, which can include their address. This helps the station process the individual, though the information can get used in court.
The person may then get escorted to a jail cell if they invoke their right to silence. They may also be brought into an interrogation room for further questioning.
Someone who is suspected of a misdemeanor may get released. They will receive paperwork that informs them that they must appear in front of a judge at a certain date.
Under rare circumstances, the police will release the arrestee at this stage. They may determine that they have the wrong person after gathering their contact information. The individual faces no criminal charges and can go back home.
Investigation
An officer can take the personal property of someone who has been arrested. They can examine any money, jewelry, and weapons that the person had on them.
Personal effects will get returned to the person after they leave jail. But the officers can photograph the items and use them as pieces of evidence in an investigation.
They will confiscate contraband. They will not return any stolen items, unlawful weapons, and illicit drugs. A prosecutor will bring up this evidence in a trial, and the evidence can persuade a jury to convict.
After an arrest, a detective may remain behind at the scene. They may take photographs of the surroundings. They may interview witnesses who saw the arrestee, crime, or arrest.
An officer may request a warrant from a judge to go to the arrestee’s house. They can obtain any evidence that may be relevant to a crime. They can also photograph the house for use later.
Interrogation
Anyone who does not invoke the right to remain silent will be interrogated. They will sit down in an interrogation room with an officer. If they do not ask for an attorney, they will have no one on their side.
Pre-arrest interviews and post-arrest interrogations can be similar to each other. Some officers begin an interrogation with seemingly innocuous questions. This can help them set up traps so they can get incriminating evidence from the arrestee.
The current state of interrogations gives officers several techniques to talk to suspects. The Reid Method involves interrupting individuals who attempt to deny guilt. An officer may lie to the suspect, saying they have non-existent evidence to convict them.
Other officers use silent techniques. They tell arrestees that they want to hear their side of the story and then let them talk. Many people get too comfortable with the police and reveal incriminating details.
Interrogations can go on for hours. A person can end one by asking for a lawyer. They can also ask for a break or to receive food and water.
Arraignment and Getting Bail
Someone who remains in police custody must receive an arraignment within a few days. They appear before a judge and alongside a lawyer. The judge informs them of their formal charges and what the potential penalties are.
A judge may ask for further information from the police. If they believe that the arrest has no corroborating evidence, they can release the arrestee right away.
They can also make a determination for bail. Most judges follow state guidelines for bail rates, but any judge can make adjustments as they see fit.
A person who remains in jail will become a jail inmate. They will remain there while their lawyer and prosecutor work through their case litigation.
The Essentials of the Arrest Process
You must understand all details of the arrest process. You can remain silent and ask for a lawyer, even before you get arrested.
Officers respond to 911 and non-emergency calls. They begin by asking some basic questions. If an answer seems off to them, they can make an arrest.
An arrestee will be booked in a nearby police station. They may be forced to go through a lengthy interrogation. Yet they will know about their charges soon after their arrest.
You can launch a strong defense once you know about the law. Hone your knowledge by following our coverage.