The arresting officer will explain that he or she is being placed under arrest and identify the specific charge. If the arrest is pursuant to a warrant, the officer should have it in hand and read it to the arrestee and them him a copy. The officer then asks the person to position himself for a search of his person. In doing the search, the officer is looking for weapons and evidence of this or any other crime. This search may also extend to the area within the arrested persons immediate reach. If the arrest occurs on the highway or public road, the persons vehicle may also be searched for weapons, evidence or contraband. As a safety precaution for the arresting officer and to prevent escape, following the personal search, the arrestee will be placed in some form of physical restrain (usually handcuffs) and transported to either the police station or to the magistrates office. The arresting officer is required, before beginning any post-arrest interrogation (i.e., questioning) to advise the arrested person of certain constitutional rights. Commonly known as Miranda rights, these are: (1) that the arrestee has the right to remain silent; (2) that anything the arrestee says can and will be used against him in a court of law; (3) that the arrestee has the right to have an attorney present before answering any questions; (4) that if an attorney is desired but the arrestee does not have one, or cannot afford one, then an attorney will be appointed for him. If the arrestee asks for an attorney, all interrogation by the police must stop until the attorney arrives.

What happens during an arrest?

 

A:

The arresting officer will explain that he or she is being placed under arrest and identify the specific charge. If the arrest is pursuant to a warrant, the officer should have it in hand and read it to the arrestee and them him a copy.

The officer then asks the person to position himself for a search of his person. In doing the search, the officer is looking for weapons and evidence of this or any other crime. This search may also extend to the area within the arrested person’s immediate reach. If the arrest occurs on the highway or public road, the person’s vehicle may also be searched for weapons, evidence or contraband.

As a safety precaution for the arresting officer and to prevent escape, following the personal search, the arrestee will be placed in some form of physical restrain (usually handcuffs) and transported to either the police station or to the magistrate’s office.

The arresting officer is required, before beginning any post-arrest interrogation (i.e., questioning) to advise the arrested person of certain constitutional rights. Commonly known as Miranda rights, these are: (1) that the arrestee has the right to remain silent; (2) that anything the arrestee says can and will be used against him in a court of law; (3) that the arrestee has the right to have an attorney present before answering any questions; (4) that if an attorney is desired but the arrestee does not have one, or cannot afford one, then an attorney will be appointed for him. If the arrestee asks for an attorney, all interrogation by the police must stop until the attorney arrives.


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