Arrests and Interrogations

For the most part, if the police have probable cause to believe that some type of

crime has been committed, they may arrest a suspect without a warrant from a judge. If, however, the suspect of the crime is in his home, the police usually must have a warrant from a judge to arrest him. This applies if the crime was non-serious and if the suspect is not a flight risk, and is not likely to destroy evidence or harm anyone in public. For more serious crimes such as murder, the legality of the arrest depends upon the circumstances.

The Miranda warning is a serious of rights that the police must read to the suspect in custody before they can legally question him. If the suspect gives any information before the rights are read, or if the police begin questioning him before the rights are given, any information shared will not be admissible in court. The Miranda rights include:

1. The right of the suspect to remain silent

2. The knowledge that anything said can be used in court

3. The right to consult with an attorney

4. The right to be appointed an attorney if you cannot afford one

5. The right to stop the interview with the police at any time.

The setting of the interrogation does not matter, whether it is at the jail, in a car, or on a street. The rights must be read to the suspect IF they are in custody. Simply talking to a suspect does not require a Miranda warning. Obviously, the police do not have the right to threaten, intimidate, or coerce any suspects into giving up information or a confession to a crime. This is why it is very important for suspects to contact an attorney immediately to make sure their legal rights are being honored.

One thing that the police do have the right to do is take bodily samples such as blood or hair to test for DNA evidence. This is not considered a violation of the Fifth Amendment (self incrimination) since these items are physical evidence.

Arrests and Interrogations

By: Stanley Goeing

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