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Being under arrest is a serious issue that you should never take lightly because it can significantly affect several aspects of your life, including your relationships and job opportunities. An arrest occurs when the police officer takes you into legal custody, restricting your movement and freedom.

While the police could use handcuffs after an arrest, applying these restraints will depend on the seriousness of the alleged offense and whether you pose a danger to the officers. Since an arrest is the first stage of the prosecution process, understanding how an arrest could occur and when a law enforcement officer has a legal right to arrest you is crucial.

Any police officer's mistake or failure to comply with the required legal requirements during the arrest could significantly affect the outcome of the alleged violation.

When Can a Law Enforcement Officer Arrest Me Lawfully?

To ensure the arrest is legal and justified, the police officers must follow a certain structured legal procedure. Any breach of these strict standards will count as a violation of the accused individual's rights and will make the arrest unlawful. Below are instances when a law enforcement officer can lawfully arrest you as a suspect in a criminal case:

  1. When He/she Has a Probable Cause to Believe You Committed an Offense

Probable cause is any reasonable belief backed with reasonable (but not necessarily undeniable or irrefutable) evidence that you have committed, are committing, or are about to commit a criminal offense. For example, when the police select your vehicle to pull over for a DUI investigation at a DUI checkpoint, he/she will need adequate evidence to arrest you as a suspect in a DUI case.

While driving erratically or making improper lane changes could give the police reasonable suspicion to stop your vehicle for a quick DUI investigation, the officers will need more evidence to initiate your arrest as a suspect in a DUI offense.

For example, the officers could ask you to perform field sobriety tests (FSTs) and blow a breathalyzer. Poor performance on your FSTs and high blood alcohol concentration (BAC) recordings on the breathalyzer test could be enough probable cause to convince the officer you were driving under the influence, which is illegal.

Another scenario in which a law enforcement officer could have probable cause to arrest you lawfully is when he/she believes that you fit specific descriptions of a suspect reported to have fled a robbery or a hit-and-run accident scene. In this case, the officer will not violate the accused individual's rights because his/her belief is based on specific, reliable details and is not just a mere suspicion.

Generally speaking, probable cause is vital to ensure any arrest that a law enforcement officer initiates is lawful and based on justifiable legal grounds.

  1. When He/she Has an Arrest Warrant

An arrest warrant is a court-issued lawful document that authorizes police officers to arrest and detain you as a suspect in a criminal case. However, the court will not issue an arrest warrant against you without probable cause.

The court can only issue an arrest warrant against you when a law enforcement officer or the prosecutor presents evidence showing probable cause you have committed an offense. In other words, to issue the police an arrest warrant against you, the judge has to find that adequate evidence is available to justify your arrest.

Additionally, a lawful arrest warrant itself should contain specific information, including the following:

  • Your name or a physical description when the officers do not have your name
  • A brief description of the alleged offense
  • The legal grounds for arrest warrant, citing a certain Penal Code
  • The location and date of the offense
  • A judge's directive authorizing the officer to arrest and bring you into custody or court

When the court issues an arrest warrant against you, the requesting officer can proceed and arrest you anytime and anywhere. Usually, the officer will try his/her best to arrest you within the shortest time possible after receiving the arrest warrant.

Without this document or probable cause, the court could consider your arrest illegal and suppress any evidence obtained against you, which weakens the prosecutor's DUI case against you. While you can represent yourself in court, thorough legal representation by a skilled defense attorney is vital to make that happen.

  1. When He/she Observes You Committing a Criminal Offense

A police officer has the authority to arrest you when he/she personally witnesses you committing an unlawful activity. These types of arrests are prevalent in traffic stops when a police officer observes you making illegal U-turns, speeding, or drunk driving.

Once a law enforcement officer witnesses you committing any of these violations, he/she can select your vehicle to pull over and, if necessary, initiate an arrest against you on the spot. For instance, when a police officer selects your car to pull over after observing you driving erratically and he/she suspects that you could be drunk driving due to the alcohol odor from your mouth, the officer will ask you to blow into a breathalyzer.

If the breathalyzer test results are positive or above the legal threshold of 0.08%, he/she will take that as probable cause to justify your arrest as a suspect in a DUI offense. Generally speaking, arrests resulting from a police officer's direct observation of the offense are straightforward and usually involve clear evidence of you committing the alleged crime.

Once the police arrest you on any of these legal grounds, they will take you into custody and present you to court for arraignment within forty-eight (48) hours, excluding the weekends and holidays. That means if your arrest occurred on Wednesday, your arraignment should occur on Friday.

An Overview of Your Post-Arrest Legal Rights

Upon an arrest as a suspect in a criminal case, a law enforcement officer must inform you of your Miranda rights before any interrogation or questioning. Failure to do so will be a violation of your post-arrest legal rights.

Understanding your constitutional rights after arrest is important because they can significantly influence the results of the allegations you are up against. Below are key legal rights after arrest that you should remember, regardless of the seriousness of the alleged violation:

  1. The Legal Right to Stay Silent

According to the Constitution's Fifth Amendment, you have a legal right to stay silent upon an arrest to prevent self-incrimination. That implies you are not under any obligation to answer the arresting officer's confusing questions or give him/her any information about the alleged violation.

Before questioning you, the officers must inform you of this right and make you understand that anything you decide to disclose could and will apply against you in court. Exercising this legal right after arrest is vital to avoid disclosing any incriminating information that the prosecutor could apply against you, limiting your odds of securing a favorable outcome.

  1. The Legal Right to Hire an Attorney

Due to the complexity of the legal issues and the justice system, the arresting officers must inform you of the right to retain the services of an attorney to offer legal guidance and representation on the allegations you are up against. However, when you are indigent and cannot afford the services of a personal attorney, the court can select a public defender to offer the necessary legal representation.

Public defenders offer essential legal representation, but a private attorney may provide more dedicated attention to your case. A personal defense attorney can offer you personalized legal representation in every stage of the prosecution process to secure a favorable verdict.

  1. Right to Stop Answering the Officer's Questions

When you decide to cooperate with the arresting officer to answer his/her questions without an attorney's legal advice, you have a legal right to stop answering them at any time until you speak with your attorney.

Failure to disclose these Miranda warnings before any questioning or interrogation after an arrest could significantly impact the alleged case’s outcome. For example, the court could consider any information you disclose to the arresting officer inadmissible. That means that particular evidence or information will not apply against you, weakening the prosecutor's case against you.

However, it is worth noting that the Miranda warnings are only required during custodial questioning or interrogations. If you are not yet in legal custody, the police officers are not obligated to inform you of these individuals' rights, which include (but are not limited to) the following:

  • The right to human treatment
  • The right to stay free from unlawful searches and seizures
  • The right to know the charges you are up against
  • The right to contact someone to notify them of your arrest
  • The right to be presented to a judge within the shortest time possible

Accused individuals’ rights in the criminal justice system are several and could significantly impact the outcome of the alleged charge. If you want to learn more about your rights after arrest, consult an attorney immediately for all the legal assistance you need.

Even if you believe you are innocent and the arrest is illegal, arguing with the police will not make any difference and could seem like you are resisting an arrest, which is also illegal. The best step in this situation is to stay silent, follow the officer’s instructions, and retain the services of an attorney as soon as possible.

Also, remember to take mental notes of every interaction with the police during and after the arrest, including the officer's name, badge number, and action or statement he/she takes against you. Using your phone to record your interactions with the police officer is also advisable, but your efforts to gather evidence should not interfere with his/her work.

The information you will gather can help your defense attorney prepare the best defenses to challenge the prosecutor's case against you for the best desirable outcome.

How Your Defense Attorney Will Challenge an Illegal Arrest

When the arresting officers violate an accused individual’s rights during the arrest process, the court will consider the arrest illegal. Having a skilled attorney in your corner to help prove to the court that the arresting officer violated your rights during the arrest process can mean the difference between a wrongful conviction and dismissal of the alleged violation.

A skilled and seasoned attorney can apply various legal defenses to challenge your illegal arrest to secure a dismissal of the case or a lighter charge. In a nutshell, here are the top and viable defenses he/she could assert to increase your odds of securing a favorable outcome:

  • The arresting officers lacked probable cause for your arrest
  • The arresting officer did not follow proper lawful arrest procedures. He/she lacked an arrest warrant, or he/she failed to inform you of your post-arrest legal rights (Miranda rights)
  • You are a victim of illegal search and seizure by the police officer, meaning he/she searched your person, house, or vehicle without a court-issued search warrant
  • The arresting police officer used excessive force during the arrest process

In most cases, if you are a victim of illegal arrest, your case does not have to proceed to trial. A skilled and aggressive attorney could convince the court to drop your case during the pretrial stage of the criminal justice system by filing various motions, such as:

  • Motion to suppress evidence under Penal Code 1538.5 — This motion could work in your favor if the prosecutor has illegally obtained evidence against you
  • Motion to dismiss the case under Penal Code 995 — This motion could work to your advantage if the police lacked probable cause for your arrest
  • Pitchess motion — This motion could work in your favor if the arresting officer has a history of misconduct issues in his/her file, for example, the use of excessive force

Find a Reputable Bail Bondsman Near Me

As you can see above, you have several rights after arrest, which you should remember when in legal custody as a suspect in a criminal case to increase your odds of securing a favorable outcome. If you are unaware of your post-arrest legal rights, your defense attorney can help and ensure they are protected as required.

We invite you to call our credible attorneys at San Diego Bail Bonds at 619-233-3383 if you need speedy bail bond services after an arrest to secure your pretrial release.