Following are questions
and answers concerning Criminal Defense arranged in what we believe is
a logical sequence. Additional questions and answers are added
regularly, so please visit our site often. Please feel free to make
copies for non-commercial purposes.
Q:
What is an arrest?
A:
An arrest takes place when a person reasonably
believes he or she is not free to leave as a result of the actions of
law enforcement officers. The police do not have to say “you are under
arrest.”
Q:
What usually takes
place immediately after an arrest?
A:
After an arrest, but before asking any questions
(other than name and address), law enforcement officers must provide a
“Miranda Warning” to the arrested party. The warning must include the
following elements.
"You have the right to remain silent. Anything you say may be used
against you in a court of law. You have the right to an attorney. If
you cannot afford an attorney, one will be provided for you."
Q:
Do the police
need a warrant in order to arrest me?
A:
Generally, no. An arrest without a warrant is
legal if the law enforcement officer has reasonable grounds to believe
that you have committed a crime. This is called probable cause.
There is one exception. The police cannot enter a person’s home to
make an arrest for most minor crimes.
Q:
my case be
dismissed if the police don’t read me my Miranda Rights?
A:
No. The police do not have to read a person his
Miranda Rights unless the officer wants to obtain a confession or
obtain a statement.
Q:
If the
police have a warrant to search my house, can they search
anywhere?
A:
Not necessarily. It depends on what the police are
attempting to find. If it is a small object, they have very broad
powers to search. If it is a large object, such as an illegal
automatic rifle, the police may not search in areas that could not
conceal the object. For example, they could not open a desk drawer to
search for the weapon.
Q:
Can the police
search me without a warrant?
A:
Yes. A warrant would not be required to search you if:
You consent,
The safety of the police officer is at issue,
Illegal evidence is in plain view,
A lawful arrest has been made, or,
The officer is in hot pursuit of a criminal.
Q:
How do the
police obtain a search warrant?
A:
The police must convince a judge that they
have probable cause to believe that criminal conduct is taking
place at the place to be searched or that evidence of a crime may
be found at the location. If the judge is reasonably convinced,
he or she will issue a warrant for a search.
