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Encyclopedia > Arrest
Criminal procedure
Investigating and charging crimes
Criminal investigation

Arrest warrant · Search warrant
Probable cause · Knock-and-announce
Exigent circumstance
Reasonable suspicion
Search and seizure · Search of persons
Arrest · Detention
Right to silence · Miranda warning (U.S.)
Grand jury Arrest may refer to: Arrest, the action of police or other authority, or even in some circumstances a private civilian, to apprehend and take under guard a person who is suspected of committing a crime Arrest, a commune of the Somme département in France Cardiac arrest, the cessation of... Image File history File links Gnome-globe. ... Image File history File links Scale_of_justice_2. ... Criminal procedure refers to the legal process for adjudicating claims that someone has violated the criminal law. ... An arrest warrant is a warrant issued by a public officer which authorizes the arrest and detention of an individual. ... A search warrant is a written warrant issued by judge or magistrate which authorizes the police to conduct a search of a person or location for evidence of a criminal offense and seize the evidence. ... In United States criminal law, probable cause refers to the standard by which a police officer may make an arrest, conduct a personal or property search or obtain a warrant. ... A knock and announce warrant, in the American law of criminal procedure, requires that the officer tasked with the responsibility of executing the warrant must knock on the door of the home to be entered for a search or arrest, and to announce their purpose. ... An exigent circumstance, in the American law of criminal procedure, allows law enforcement to enter a structure without a warrant, or if a they have a knock and announce warrant, without knocking and waiting for refusal under certain circumstances. ... Reasonable suspicion is a legal standard in United States law that a person; has been, is, or is about to be, engaged in criminal activity based on specific and articulable facts and inferences. ... Search and seizure is a legal procedure used in many common law whereby police or other authorities and their agents, who suspect that a crime has been committed, do a search of a persons property and confiscate any relevant evidence to the crime. ... The right to silence is a legal protection enjoyed by people undergoing police interrogation or trial in certain countries. ... The Miranda warning is a police warning that is given to criminal suspects in police custody or in a custodial situation in the United States before they are asked questions relating to the commission of a crime. ... For other uses of terms redirecting here, see US (disambiguation), USA (disambiguation), and United States (disambiguation) Motto In God We Trust(since 1956) (From Many, One; Latin, traditional) Anthem The Star-Spangled Banner Capital Washington, D.C. Largest city New York City National language English (de facto)1 Demonym American... In the American common law legal system, a grand jury is a type of jury which determines if there is enough evidence for a trial. ...

Criminal prosecution

Statute of limitations · Nolle prosequi
Bill of attainder · Ex post facto law
Criminal jurisdiction · Extradition
Habeas corpus · Bail
Inquisitorial system · Adversarial system Criminal procedure refers to the legal process for adjudicating claims that someone has violated the criminal law. ... A statute of limitations is a statute in a common law legal system that sets forth the maximum period of time, after certain events, that legal proceedings based on those events may be initiated. ... This article or section does not adequately cite its references or sources. ... A bill of attainder (also known as an act or writ of attainder) is an act of legislature declaring a person or group of persons guilty of some crime, and punishing them, without benefit of a trial. ... An ex post facto law (from the Latin for from something done afterward) or retroactive law, is a law that retroactively changes the legal consequences of acts committed or the legal status of facts and relationships that existed prior to the enactment of the law. ... Criminal jurisdiction is a term used in the law of criminal procedure to describe the power of a court to hear a case brought by the state accusing a criminal defendant of a violation of the law of the geographic area in which the court is located. ... Extradition is the official process by which one nation or state requests and obtains from another nation or state the surrender of a suspected or convicted criminal. ... For other uses, see Habeas corpus (disambiguation). ... The word bail as a legal term means: Security, usually a sum of money, exchanged for the release of an arrested person as a guarantee of that persons appearance for trial. ... An inquisitorial system is a legal system where the court or a part of the court is actively involved in determining the facts of the case, as opposed to an adversarial system where the role of the court is solely that of an impartial referee between parties. ... The adversarial system (or adversary system) of law is the system of law, generally adopted in common law countries, that relies on the skill of each advocate representing his or her partys positions and involves a neutral person, usually the judge, trying to determine the truth of the case. ...

Charges and pleas

Arraignment · Information · Indictment
Plea · Peremptory plea
Nolo contendere (U.S.) · Plea bargain
Presentence Investigation Arraignment is a common law term for the formal reading of a criminal complaint, in the presence of the defendant, to inform him of the charges against him. ... This article does not cite any references or sources. ... In the common law legal system, an indictment (IPA: ) is a formal accusation of having committed a criminal offense. ... In legal terminology, a plea is simply an answer to a claim made by someone in a civil or criminal case under common law using the adversary system. ... In the common law legal system, the peremptory pleas (pleas in bar), are pleas that set out special reasons for which a trial cannot go ahead. ... Nolo contendere, in criminal trials, in some common law jurisdictions, is a plea where the defendant neither admits nor disputes a charge, serving as an alternative to a pleading of guilty or not guilty. ... A plea bargain (also plea agreement, plea deal or copping a plea) is an agreement in a criminal case in which a prosecutor and a defendant arrange to settle the case against the defendant. ... A presentence investigation report (PSI) is a legal term referring to the investigation into the history of person convicted of a crime before sentencing to determine if there are extenuating circumstances which should ameliorate the sentence or a history of criminal behavior to increase the harshness of the sentence. ...

Related areas of law

Criminal defenses
Criminal law · Evidence
Civil procedure The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different jurisdictions whose common characteristic is the potential for unique and often severe impositions as punishment for failure to comply. ... The law of evidence governs the use of testimony (e. ... Civil procedure is the body of law that sets out the process that courts will follow when hearing cases of a civil nature (a civil action, as opposed to a criminal action). ...

Portals

Law · Criminal justice

An arrest is the act of depriving a person of his or her liberty usually in relation to the investigation and prevention of crime. The term is Norman in origin and is related to the French word arrêt, meaning "stop". Norman conquests in red. ...

Contents

Procedure

United States

For serious crimes, the police typically take suspects to a police station or a jail where they will be incarcerated pending a judicial bail determination or an arraignment. In other instances, the police may issue a notice to appear specifying where a suspect is to appear for his arraignment. For the 1987 movie starring Cher, see Suspect (film). ... A county jail is a place of detention for people awaiting trial, or for those who have been convicted of a misdemeanor and are serving a sentence of less than one year. ... The word bail as a legal term means: Security, usually a sum of money, exchanged for the release of an arrested person as a guarantee of that persons appearance for trial. ... Arraignment is a common law term for the formal reading of a criminal complaint, in the presence of the defendant, to inform him of the charges against him. ... A summons is a legal document issued by a court (a judicial summons) or by an administrative agency of government (an administrative summons) for various purposes. ...


United Kingdom

In English law, whether a person has been arrested does not depend on the legal authority of the person enforcing the arrest, rather it depends upon whether he has been deprived of his liberty to go where he pleases[1]. Whether an arrest is lawful depends on whether the police officer or civilian exercising the arrest is acting within the scope of his powers.


Upon arrest a person must ordinarily be taken to a police station as soon as is practicable,[2] but may be released on bail. The word bail as a legal term means: Security, usually a sum of money, exchanged for the release of an arrested person as a guarantee of that persons appearance for trial. ...


Powers of Arrest

United Kingdom

Police officers have the following powers to effect arrests without warrant:

Provision Extent of Power
Police and Criminal Evidence Act 1984, section 24 Power to arrest
  • anyone who is about to commit an offence;
  • anyone who is in the act of committing an offence;
  • anyone who has committed an offence; and
  • anyone whom the police constable has reasonable grounds for suspecting to
    • be about to commit an offence,
    • be committing an offence, or
    • have committed an offence.
Police and Criminal Evidence Act 1984, Schedule 2 Various specific powers of arrest
Criminal Justice and Public Order Act 1994, Part X Cross-border powers of arrest
Common law Breach of the peace

Code G to the Police and Criminal Evidence Act 1984 deals with powers of arrest under section 24. The wide power under section 24 of the Police and Criminal Evidence Act 1984 may only be used if it is necessary to: The Police and Criminal Evidence Act 1984 (PACE) (1984 c. ... The Police and Criminal Evidence Act 1984 (PACE) (1984 c. ... The Criminal Justice and Public Order Act 1994 was an act of parliament brought into law by the Parliament of the United Kingdom. ... The Police and Criminal Evidence Act 1984 (PACE) (1984 c. ...

  • ascertain the person's name or address;
  • to prevent the person
    • causing physical injury to himself or any other person,
    • suffering physical injury,
    • causing loss of or damage to property,
    • committing an offence against public decency, or
    • causing an unlawful obstruction to the highway;
  • to protect a child or other vulnerable person from the person;
  • to allow prompt and effective investigation; or
  • to prevent the disappearance of the person.[3]

Police officers also have powers to arrest under warrant. Civilians have restricted powers of arrest without warrant in relation to very serious offences[4] and breach of the peace.


Warnings on arrest

United States

The Chicago Police Department arrests a man
The Chicago Police Department arrests a man
See also: Miranda warning

The reading of the Miranda warning or similar "caution" to an arrestee advising him or her of rights is not legally required upon arrest. A legal caution is required only when a person has been taken into custody and is interrogated. Legal cautions are mandated in the US, most Commonwealth and other common law jurisdictions, and countries where the right to legal counsel, the right to silence, and the right against self-incrimination have been clearly established. Picture of a man being arrested by the Chicago police department. ... Picture of a man being arrested by the Chicago police department. ... Flag Seal Nickname: The Windy City Motto: Urbs In Horto (Latin: City in a Garden), I Will Location Location in Chicagoland and northern Illinois Coordinates , Government Country State Counties United States Illinois Cook, DuPage Mayor Richard M. Daley (D) Geographical characteristics Area     City 606. ... The Miranda warning is a police warning that is given to criminal suspects in police custody or in a custodial situation in the United States before they are asked questions relating to the commission of a crime. ... The Miranda warning is a police warning that is given to criminal suspects in police custody or in a custodial situation in the United States before they are asked questions relating to the commission of a crime. ... For other uses of terms redirecting here, see US (disambiguation), USA (disambiguation), and United States (disambiguation) Motto In God We Trust(since 1956) (From Many, One; Latin, traditional) Anthem The Star-Spangled Banner Capital Washington, D.C. Largest city New York City National language English (de facto)1 Demonym American... The Commonwealth of Nations as of 2007 Headquarters Marlborough House, London, UK Official languages English Membership 53 sovereign states Leaders  -  Queen Elizabeth II  -  Secretary-General Kamalesh Sharma Appointed 24 November 2007 Establishment  -  Balfour Declaration 18 November 1926   -  Statute of Westminster 11 December 1931   -  London Declaration 28 April 1949  Area  -  Total... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... The right to silence is a legal protection enjoyed by people undergoing police interrogation or trial in certain countries. ...


United Kingdom

See also: Right to silence in England and Wales

In the United Kingdom a person must be told that he is under arrest [5], and "told in simple, non-technical language that he could understand, the essential legal and factual grounds for his arrest" [6]. A person must be 'cautioned' when being arrested unless this is impractical due to the behaviour of the arrestee i.e. violence or drunkenness. The caution required in England and Wales states,

You do not have to say anything, but it may harm your defence if you do not mention when questioned something that you later rely on in court. Anything you do say may be given in evidence.[7]

Search on arrest

United Kingdom

Otherwise than in relation to terrorist suspects, a police constable has the following powers where he arrests a person outside a police station[8]:

Search person Search property Seize property
including a right to require a suspect to remove an outer coat, jacket or gloves (but nothing else) and to search the arrested person's mouth any premises in which the person arrested was when arrested or immediately before
Danger if the constable has reasonable grounds for believing that the arrested person may have articles that can present a danger to himself or others if the constable has reasonable grounds for believing that the person searched might use the property to cause physical injury to himself or to any other person
Escape to the extent that is reasonably required if the constable has reasonable grounds for believing that the person to be searched may have concealed on him anything which he might use to assist him to escape from lawful custody other than an item subject to legal privilege, if he has reasonable grounds for believing that he might use it to assist him to escape from lawful custody
Evidence to the extent that is reasonably required if the constable has reasonable grounds for believing that the person to be searched may have concealed on him anything which might be evidence relating to an offence if the constable has reasonable grounds for believing that there is evidence relating to the offence for which the person has been arrested other than an item subject to legal privilege, if he has reasonable grounds for believing that it is evidence of an offence or has been obtained in consequence of the commission of an offence

Non-criminal arrests

United States

Breach of a court order can be civil contempt of court, and a warrant may issue for the person's arrest. Some court orders contain authority for a police officer to make an arrest without further order. Contempt of court is a court ruling which, in the context of a court trial or hearing, deems an individual as holding contempt for the court, its process, and its invested powers. ...


If a legislature lacks a quorum, many jurisdictions allow the members present the power to order a call of the house, which orders the arrest of the members who are not present. A member arrested is brought to the body's chamber to achieve a quorum. The member "arrested" does not face prosecution, but may be required to pay a fine to the legislative body. A legislatureis a type of representative deliberative assembly with the power to ratify laws. ... Look up quorum in Wiktionary, the free dictionary. ... A call of the house is a motion which can be adopted by a deliberative assembly that has the authority to compel the attendance of its members in the absence of a quorum. ...


Ordinarily only human beings can be arrested, but recent and somewhat controversial changes to criminal codes have allowed for the arrest not only of the usual "contraband, evidence, fruits, and instrumentalities" of crime, but also of inanimate objects such as money, automobiles, houses, and other personal property under asset forfeiture. Human beings are defined variously in biological, spiritual, and cultural terms, or in combinations thereof. ... ‹ The template below (Expand) is being considered for deletion. ...


Following arrest

While an arrest will not necessarily lead to a criminal conviction, it may nonetheless have serious ramifications such as a loss of employment due to inability to pay bail, social stigma and (in some cases) the legal obligation to declare arrests when applying for a job, loan or professional license. These collateral consequences are more severe in the United States than in the UK, where arrests without conviction are not usually considered significant and are not even reported in a standard criminal record check. Even in the US, innocent people can often have their arrest records removed through an expungement or Finding of Factual Innocence. Nevertheless, arrests should not be made lightly as a wrongfully arrested person may sue the arresting authority for damages. “convicted” redirects here. ... The word bail as a legal term means: Security, usually a sum of money, exchanged for the release of an arrested person as a guarantee of that persons appearance for trial. ... Collateral consequences of criminal charges, known as the Four Cs in legal parlance [1], are the results of arrest, prosecution or conviction that are not part of the sentence imposed. ... The United Kingdom of Great Britain and Northern Ireland is a country in western Europe, and member of the Commonwealth of Nations, the G8, the European Union, and NATO. Usually known simply as the United Kingdom, the UK, or (inaccurately) as Great Britain or Britain, the UK has four constituent... For the record label, see Criminal Records A criminal record or rap sheet, is a compilation of an individuals identification, arrest, conviction (law), incarceration, legal status, sex offender registration, warrant information, and other relevant criminal history. ... United States may refer to: Places: United States of America SS United States, the fastest ocean liner ever built. ... Expungement is often equated to the sealing or destroying of legal records. ... In law, filing is the act of submitting a document to the clerk of a court for the courts immediate consideration, for storage in the courts files, or both. ...


References

  1. ^ Lewis v Chief Constable of the South Wales Constabulary [1991] 1 All ER 206
  2. ^ Police and Criminal Evidence Act 1984, section 30.
  3. ^ Police and Criminal Evidence Act 1984, section 24
  4. ^ Police and Criminal Evidence Act 1984, section 24A
  5. ^ Police and Criminal Evidence Act 1984, section 28
  6. ^ Taylor v Chief Constable of Thames Valley Police 2004 EWCA Civ 858
  7. ^ Code C to the Police and Criminal Evidence Act 1984, para. 10.5.
  8. ^ Police and Criminal Evidence Act 1984, section 32.

The Police and Criminal Evidence Act 1984 (PACE) (1984 c. ... The Police and Criminal Evidence Act 1984 (PACE) (1984 c. ... The Police and Criminal Evidence Act 1984 (PACE) (1984 c. ... The Police and Criminal Evidence Act 1984 (PACE) (1984 c. ... The Police and Criminal Evidence Act 1984 (PACE) (1984 c. ...

See also

Wikimedia Commons has media related to:
Arrest
An arrest warrant is a warrant issued by a public officer which authorizes the arrest and detention of an individual. ... A citizens arrest is an arrest performed by a person who is a civilian, as opposed to a sworn law enforcement officer. ... In justice and law, house arrest is the situation where a person is confined (by the authorities) to his or her residence. ... It has been suggested that this article or section be merged with Arrest. ... Law Enforcement Agency (LEA) is a generic term used for local and state police, as well as federal agencies (such as the FBI, the BATF, DHS, Europol, Interpol, etc. ... Image File history File links Commons-logo. ...

  Results from FactBites:
 
Arrest - LoveToKnow 1911 (1456 words)
Arrests in England are either in civil or in criminal cases.
The arrest may be made,-1st, by warrant; 2nd, by an officer without warrant; 3rd, by a private person without warrant; or, 4th, by a hue and cry.
Arrest of Judgment is the assigning just reason why judgment should not pass, notwithstanding verdict given, either in civil or in criminal cases, and from intrinsic causes arising on the face of the record.
Arrest - Wikipedia, the free encyclopedia (996 words)
An arrest is the action of the police, or person acting under the law, to take a person into custody so that they may be forthcoming to answer for the commission of a crime.
Also, there are certain non-criminal arrests that allow for the seizure of representatives not present in the legislative body lacking a quorum, and the forfeiture of property.
Arrest can thus be considered to have been a continuous process from the moment of detainer to the pronunciation of the formal words of the caution.
  More results at FactBites »

 
 

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