Are You Under Arrest?
In this article, we discuss what constitutes an arrest and what your rights are.
Under Arrest by The Police? What is an Arrest and What are Your Rights?
“You’re under arrest!” Seeing arrests on TV and in movies is one thing, but it can often be very different in real life. If you have ever had those words spoken to you by a law enforcement officer, then you know how serious they are.
Did you know that this power the police have can only be used when numerous legal elements have been met?
Even more confusing than their authority is what exactly happens during a detainment without actually taking someone into custody – so here we’ll explore both sides of this issue!
Probable Cause to Arrest.
Being put under arrest occurs when a person reasonably believes he or she is not free to walk away from law enforcement. Police must have probable cause for the arrest, which comes from both our federal constitution (4th) as well as state article I section 7 of Washington’s Constitution! Probable Cause exists when certain facts and circumstances within your knowledge would lead any reasonable individual into believing that there was sufficient reason why you should be taken into custody at this timeAn Arrest Triggers Important Rights.
The police can search and question an arrested person. Arrestees are also entitled to certain important rights under the Federal and State Constitutions and Washington State Law designed to protect citizens from being treated unfairly. All persons under arrest have Miranda Rights, which include the right to remain silent and the right to an attorney when being questioned by the police. Under Washington law, the police do not need to go over Miranda unless they are actually questioning an arrestee.
You Just Got Arrested, Now What?
Most arrests will eventually lead to a person being charged with a criminal offence. In Washington State police have the ability to charge arrestees with criminal misdemeanor offenses. When this happens, a criminal citation is issued directly to the arrestee by the arresting law enforcement officer. The state law also gives the police the authority to book anyone arrested for a misdemeanor in to jail. They also have the authority to book anyone arrested for a felony into jail. Often when people get arrested, they are handed a criminal citation, this document has a mandatory date on which for an appearance in court, and then they are released.
In some cases, an arrestee may be let out with no citation or they might receive a citation plus a summons through the mail to appear in court. If you are getting arrested for a felony offense, being put in jail may be required by law.
Was is a Detention?
If you’re stopped by the police and taken into custody, it will be for a short period of time. You can ask to speak with an attorney if your rights are being violated or there is any evidence that could help in some way; however, unless they have reasonable belief about dangerousness (or weapons), this isn’t technically arrestable offense- so don’t worry!
The reason why detentions do not require probable cause is that they are temporary. Temporary detention only requires reasonable suspicion, which means the officer has to have specific facts that lead them to believe criminal activity was present at hand when he/she made contact with someone or something in order for him or her to make an arrest establishment of this type of stop; however, it can ripen into an actual crime depending on how things go down during questioning sessions between law enforcement personnel and individuals who’ve been stopped & arrested by the police may use the detention to conduct a pat-down for safety reasons, only to find incriminating evidence. The police may then have enough evidence to formulate probable cause to arrest and to make out a criminal charge against the person after this is done.
I Got a Ticket for Speeding? Am I Under Arrest?
No. Police can stop you for any traffic infraction if they have a suspicion that you are causing a traffic violation. Things like speeding, making an illegal lane change, or if your tail light is out. Traffic violations are generally not criminal offenses they are called civil infractions and they carry the potential for a fine. Infractions do not create any possible jail time.
The law also creates a reasonable period of time for detention during a traffic stop. Police need time to check your driver’s license, and insurance they also need time to issue the proper traffic infraction citations. They could also decide to give a warning. When a person is stopped for speeding, it can lead to an arrest for other offenses. These include things like DUI or driving with a suspended license. The law gives officers a lot of room to use detentions in order to gather evidence leading to a criminal arrest.
Other Police Encounters.
The police can approach you and ask about your well-being without it being an arrest or detention. They will also listen if you want to speak but do not require any contact between them at all
In America, there are many different types of encounters that people might have with law enforcement from interactions in which no crime has been committed to detained situations where force may be used against another person; every situation deserves respect as these actions rely heavily on two parties coming together for dialogue The first thing we need when considering how our society views officer’s jobs is understanding what exactly detainment entails because this term applies differently depending upon location
What to do if Arrested?
The ACLU has published an arrest checklist to help you remain calm and keep control during a police encounter. Learn more about the American Civil Liberties Union’s guidelines for not resisting or arguing with officers, staying clearheaded while being placed under arrest (or if already in custody), remembering that anything we say can be used against us–and most importantly: ask for legal representation as soon upon arriving at jail/prison!
You’re Under Arrest FAQ
Here are some additional questions that we get asked frequently about being arrested.
Can a Police Office Put Handcuffs on You without Arresting You?
Technically yes, you can be put in handcuffs or into the back of a police car without being arrested, this is called being detained. Police can detain you for up to 48 hours if there is justification. When it comes to handcuffs there is a higher requirement for justification.