NCJ Number
50885
Journal
Columbia Human Rights Law Review Volume: 8 Issue: 2 Dated: (1977) Pages: 37-47
Date Published
1977
Length
11 pages
Annotation
THE CONSTITUTIONAL DEFINITION OF AND LIMITATIONS ON ARREST ARE DESCRIBED. ARREST WITH AND WITHOUT A WARRANT IS DISCUSSED AS WELL AS POLICE USE OF INFORMANTS WHEN ARRESTING. EMPHASIS IS ON THE ARRESTED PERSON'S RIGHTS.
Abstract
AN ARREST OCCURS WHEN A POLICE OFFICER TAKES A PERSON INTO CUSTODY TO CHARGE THE INDIVIDUAL WITH THE COMMISSION OF A CRIME. POLICE POWER TO ARREST IS LIMITED BY THE CONSTITUTION, AND AN ARREST CAN BE MADE ONLY IF THERE IS A WARRANT FOR THE PERSON'S ARREST OR IF THERE IS PROBABLE CAUSE TO BELIEVE THAT THE PERSON COMMITTED A CRIME. INVOLUNTARY CONFESSIONS AND EVIDENCE GATHERED AFTER AN ILLEGAL ARREST CANNOT BE USED AGAINST THE DEFENDANT IN COURT. THE WARRANT, A LEGAL DOCUMENT WHICH GIVES THE POLICE POWER TO ARREST A PERSON, MUST BE SIGNED BY THE ISSUING MAGISTRATE AND BEAR THE NAME OF THE ISSUING COURT. IT MUST SPECIFY THE DATE OF ISSUE, THE CRIME INVOLVED, AND THE NAME OR A FAIRLY ACCURATE DESCRIPTION OF THE PERSON TO BE ARRESTED. AN ARREST WARRANT IS USUALLY ISSUED AFTER AN INDICTMENT FOLLOWING A GRAND JURY INVESTIGATION OF AFTER THE FILING OF A COMPLAINT. COMPLAINTS ARE DEFINED AND THEIR PROCEDURES DISCUSSED. ARREST WITHOUT A WARRANT IS MADE IF THERE IS PROBABLE CAUSE TO BELIEVE THAT A PERSON HAS COMMITTED A CRIME. ARRESTED PERSONS ARE ADVISED TO READ THE COMPLAINT FILED AGAINST THEM AFTER ARREST, CHALLENGE THE COURT ON THE ISSUE OF SUFFICIENT EVIDENCE, AND STUDY SIMILAR COURT CASES TO DETERMINE THE COURT'S USUAL DECISION IN SUCH CASES. AN INFORMANT IS A PERSON WHO TELLS POLICE A CERTAIN PERSON HAS COMMITTED OR IS ABOUT TO COMMIT A CRIME. SPECIAL RULES AFFECTING PROBABLE CAUSE WHEN AN INFORMANT IS INVOLVED ARE CONSIDERED, AS WELL AS THE COURTS APPLICATIONS OF SUCH RULES. A LIST OF LEGAL REFERENCES ON ARREST CASES IS PROVIDED. (DAG)