Tuesday, August 14, 2007
What is an Arrest?
I was the first attorney to produce a television talk show about legal issues from A to Z, so I know a little about the television shows in which the law enforcement officer typically says "you're under arrest". However, for purposes of a defendant's rights under the laws of the United States, an arrest may occur long before those words are uttered. The courts have concluded that an arrest occurs when a person reasonably believes he is not free to leave due to the actions of law enforcement officers.
The timing of an arrest is significant because once an arrest is made, and before asking you any questions (other than your name and address), law enforcement officers must provide your "Miranda warning". The warning is as follows:
"You have the right to remain silent. Anything you say may be used against you in a court of law. You have the right to an attorney. If you can not afford an attorney, one will be provided for you."
However, even if the police officer does not read you your rights, the case may not be dismissed. The police officer does not have to read anybody their "rights" unless that officer wants to get a statement or confession from a suspect. If the officer does not want to record what you have to say and use it against you, he does not have to read you your rights.
If the police officer wants to ask you some questions other than your name and address, he must give you your "Miranda warning". It is important that you not answer the police officer's questions in a fruitless attempt to cooperate because this will make it more difficult for the defense attorney to defend the case at a later time.
Peace Be With You!
Shalom!
The timing of an arrest is significant because once an arrest is made, and before asking you any questions (other than your name and address), law enforcement officers must provide your "Miranda warning". The warning is as follows:
"You have the right to remain silent. Anything you say may be used against you in a court of law. You have the right to an attorney. If you can not afford an attorney, one will be provided for you."
However, even if the police officer does not read you your rights, the case may not be dismissed. The police officer does not have to read anybody their "rights" unless that officer wants to get a statement or confession from a suspect. If the officer does not want to record what you have to say and use it against you, he does not have to read you your rights.
If the police officer wants to ask you some questions other than your name and address, he must give you your "Miranda warning". It is important that you not answer the police officer's questions in a fruitless attempt to cooperate because this will make it more difficult for the defense attorney to defend the case at a later time.
Peace Be With You!
Shalom!
