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Steps in an Arrest

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    • A police officer can arrest an individual and take her into custody if there is probable cause to believe a crime has been committed, if a crime is in fact committed in the officer's presence, or if the officer has a warrant for an individual's arrest.

    Miranda Warnings

    • If the police intend to interrogate an individual under arrest, the individual will be read his Miranda rights, advised of the tight to remain silent, that anything the individual says can and will be used against the individual in a court of law and the right to an attorney. The case of Miranda v. Arizona, (1966) established this rule to protect the Fifth Amendment rights of individuals against self-incrimination. A Supreme Court decision in the case of Berghuis v. Thompkins (2010) broadened the scope of Miranda to include that the arrested individual must explicitly state a desire to remain silent during the interrogation.

    Search Incident to Arrest

    • The police usually search an individual's person and/or vehicle for concealed weapons or incriminating evidence. Since the search is incident to an arrest, no search warrant is necessary. A full body-cavity search may be performed to find drugs, but this type of search generally requires a warrant unless it is clear that evidence is located within an arrested individual's body.

    Booking

    • Once police have an individual in custody at the police station, the individual under arrest must provide basic personal information. In addition, he will be photographed and made to provide fingerprints. If necessary, the individual will also be required to provide a handwriting sample or voice example.

    Telephone Calls

    • An individual under arrest will be allowed to make a telephone call to arrange for bail and to contact an attorney.

    Inventory of Personal Property

    • The police will create a written inventory of an arrested individual's personal property and money.The individual under arrest must sign the inventory after checking it for accuracy.

    The Lineup

    • An arrested individual will be placed in a lineup if a positive identification by a victim or other witness is required.The victim will stand behind a two-way mirror with police and not be visible to suspects in the lineup.

    Arraignment

    • Between 48 and 72 hours after arrest, the prosecutor will review the police arrest report. If the prosecutor decides to file charges against the arrested individual, an arraignment hearing is held in court before a judge. At the arraignment hearing, the charges filed against the arrested individual are read. At this time, the arrested individual may enter a plea of guilty or not guilty. In addition, the judge may or may not decide to set bail. If bail is set by the judge, the arrested individual can make arrangements to pay the bail amount and be released from custody. If the judge does not set bail, the arrested individual will either be released in his or her own recognizance or will be remanded to custody pending a trial date set by the judge.

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