Arrest - sustany/dvg GitHub Wiki

An arrest is the use of legal authority to deprive a person of their freedom of movement.�

An arrest is generally made with an�arrest warrant. �An arrest may be made without a�warrant�if�probable cause�and�exigent circumstances�are presented at the time of the arrest.

Probable cause�is a�reasonable belief�of the police officer in the guilt of the suspect, based on the facts and information prior to the arrest.� For instance, a warrantless arrest may be legitimate in situations where the police officer has a�reasonable belief�that the suspect has either committed a crime or is about to commit a crime. �The police officer might also arrest the suspect to prevent the suspect�s escape or to preserve evidence. However,�a warrantless arrest may be invalidated if the police officer failed to demonstrate�exigent circumstances and probable cause.

The right to make warrantless arrests are commonly defined and limited by�statutes�subject to the�due process�guaranty of�the U.S. Constitution. �The suspect arrested without a�warrant�is entitled to�prompt judicial determination�generally made in 48 hours.

An arrest may trigger certain�procedural requirements; for instance, the person under arrest must be given a�Miranda Warning.�

See, e.g.�Maryland v. Shatzer, 130 S.Ct. 1213 (2010).

See also: Annotated Constitution: Fourth Amendment; Arrest warrant