Police Arrest Procedures

It's a police officer's sworn duty to enforce the law. As their job to serve and protect the public, if they witness a crime they have the responsibility to apprehend that person and take him or her into custody. This is where you will be read what is known as the Miranda Rights. You will be informed that anything incriminating you say can and will be used against you in a court of law. It's your right to remain silent. You must be allowed the opportunity for legal counsel. If you can't afford one, a lawyer will be appointed for you so you can be fairly represented in court. These Miranda Rights are read to every suspect upon arrest to inform them of their legal rights as a U.S. Citizen and have the chance to prove their innocence.

The Miranda Rights also state that the evidence law enforcement gathers against the apprehended person cannot be used against him or her, unless he or she has been informed of this beforehand. The United States was built on the preservation of personal liberty and civil rights. The U. S. Constitution's Fifth Amendment specifically ensures that you don't have to incriminate yourself, even while being arrested. In the U.S. a person is considered innocent until proven guilty. These checks and procedures are necessary to ensure no partiality among arresting authorities and to uphold the law at the highest level. No one is above the law, not even law enforcement. In the United States of America, no one, including law enforcement, are allowed to take the law into their own hands.


When proper arrest procedures are followed, resisting arrest is against the law. Resisting arrest is never a good idea due to the consequences that result. If a person resists arrest or escapes police custody and flees, a police officer has the right to take that person by force using any means possible. This means that the officer has the right to shoot him or her down with the intent to stop the suspect even if it means killing them. Plus, you can also be charged with resisting arrest on top of whatever crime you're being apprehended for.


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