Critical Juncture in Due Process - approaching arrest.
People can be arrested if there is a good reason, or probable cause, to believe they committed a crime. Sometimes the arrest occurs at the scene of the crime because the officer saw it happen.
Miranda Rights are Arising Quickly.
When people are taken into custody, before they are questioned, they must be informed that anything they say may be held against them in a court of law, and that they have the right to remain silent,
consult with a lawyer before and during questioning, and
have a lawyer appointed to represent them if they cannot afford one.
They are also told that they can exercise these rights at any time.
Complaint and Arrest Warrant -
Law enforcement obtains a Warrant for Arrest of the alleged offender. The warrant is based on an Indictment (see below) or a Complaint filed with the U.S. District Court. An Affidavit, signed by a law enforcement officer, usually accompanies the Complaint. The Affidavit explains the crime committed as well as the role of the accused in that crime. In other words, the Affidavit is used to establish probable cause that the accused committed the crime.
Criminal prosecution typically begins with an arrest by a police officer.
A police officer may arrest a person if (1) the officer observes the person committing a crime; (2) the officer has probable cause to believe that a crime has been committed by that person; or (3) the officer makes the arrest under the authority of a valid arrest warrant. After the arrest, the police books the suspect. When the police complete the booking process, they place the suspect in custody. If the suspect commited a minor offense, the policy may issue a citation to the suspect with instructions to appear in court at a later date.
Police officers don't need a warrant to make a search "incident to arrest."
After an arrest, officers have the right to protect themselves by searching for weapons and to protect the legal case against the suspect by searching for evidence that the suspect might try to destroy. Assuming that the officer has probable cause to make the arrest in the first place, a search of the person and the person’s surroundings following the arrest is generally valid, and any evidence uncovered is typically admissible at trial.
All this depends and you need to contact someone. This is where the heat on the battlefield is. Most suppression motions are granted dealing with this time and around the time of arrest.
If you are told you are not under arrest, leave. If you can't leave you are detained and should be read your Miranda Rights. This is a hotly contested time and a lot of information brought against the defendant is gathered at this time. Learn how to be quiet, shut up and get your Miranda on! Or, TAKE FIVE.
State Criminal Cases, Western Kentucky Attorney.