The procedures that police must follow during and after arrest

When an arrest is made by police, something drastic is happening: The person being arrested is having their fundamental right to freedom taken away. This is why an arrest can never be done without following the correct procedures. While the person being is arrested is having their right to freedom taken away, this does not mean that they do not maintain other rights.

If you or a loved one has recently been arrested and you believe that the procedure went against their legal rights, it is important that you take the time to understand the law. By doing so, you'll be in a better position to take informed legal action.

When can a police officer legally make an arrest?

There are three ways in which a police officer can legally make an arrest. First, if they personally witness a person committing a crime, they have the right to arrest them. Second, if the officer has an arrest warrant issued by a judge, they have the duty to act on this. Third, if the officer has probable cause to believe that a person committed a crime, they can make an arrest.

The third possible way is perhaps the most controversial and contested, because whether an officer had probable cause to believe that the person committed a crime can be subjective. The police officer needs to show tangible evidence to justify an arrest, and they cannot take action simply because they had a hunch.

Post arrest procedures

Police officers must use the minimum amount of force necessary to protect themselves and to bring the arrestee to police custody. Therefore, as stated under the U.S. Constitution, police are not allowed to use excessive force that is not necessary for the circumstances. Additionally, they are not allowed to treat the arrestee cruelly; they can only use the force that is practically necessary.

Determining what level of force is the minimum amount necessary is also subjective. Police officers can be accused of excessive force or police brutality when it is clear that the level of force was not necessary given the situation. If you believe that you or your loved one was treated unfairly by the police when being arrested, this could form a vital part of your defense.

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