NCJ Number
208823
Journal
Police: The Law Enforcement Magazine Volume: 29 Issue: 1 Dated: January 2005 Pages: 66,68,69
Date Published
January 2005
Length
3 pages
Annotation
This article explains why it may be advisable to delay making an arrest until sufficient evidence has been obtained and case managers will not be hampered by legal requirements for case processing subsequent to an arrest.
Abstract
Before an arrest can be made, with or without a warrant, the arresting officer must have probable cause to believe that the person being arrested has committed a crime. In some cases, it is important to arrest and take into custody a person believed to be dangerous to others as soon as evidence rises to the level of probable cause. In other cases, however, making the arrest too quickly might not be wise. Making an arrest triggers certain constitutional tests and starts the clock running on case-processing steps that must be taken within specified times. When control and safety permit, delaying an arrest may increase the chance of getting a conviction. If an arrest is made without sufficient evidence to establish probable cause, civil liability and the suppression of evidence may result. If a court rules that probable cause was lacking at the moment of the arrest, then the arrest cannot be validated by referring to evidence obtained after the arrest. Even though investigators may believe they have obtained sufficient evidence to establish probable cause, it may be advisable to continue developing additional evidence to ensure that a strong case can be made for the arrest. Further, delaying an arrest means investigators are not legally required to give the suspect Miranda warnings, which may impede obtaining information from the suspect. Making an arrest also starts the clock on time limits within which judicial officers must review the case to determine whether sufficient incriminating evidence exists to continue the case.