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"You have the right to remain silent. Anything you say can and will 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 appointed to represent you." US Miranda rights.

What does it mean to be "under arrest"?

The vast majority of people only know about arrests by watching popular TV crime shows in which suspects are physically caught or cleverly outwitted with a very dramatic..."OK, you're under arrest!"

But as many police officers will tell you, it hardly ever happens that way.

Before deciding on an arrest, a police officer may begin with a series of questions that they are are allowed to ask (under US law) before the formal reading of Miranda rights.

These usually include ascertaining name and address, or involve questions related to why a person might be located near the scene of a suspected crime. Officers may, for their own protection, also pat down a suspect to see if they are carrying weapons. Depending on the outcome, a person may be subjected to further questioning before they are sent on their way.

If, on the other hand, they are handcuffed or otherwise restrained from leaving and brought to the local police precinct or jail, that person may then be considered truly "under arrest."

False arrests

Illegal search and seizure, mistaken identity, or racial profiling are all the stuff of headline making news in the media. If a person is arrested illegally, (i.e., without probable cause), evidence gained through a search or interrogation may be declared inadmissible.

If you're stopped on the road

While the issuing of speeding tickets is relatively common, sometimes highway or city police may stop a driver for drunk driving, drug possession, or other suspicious activity. In this case, police are typically allowed to ask for driver's license and registration, search the passenger section and may frisk occupants for weapons. However, it's usually at the discretion of the car owner to allow a search of the trunk, an area of the car that falls under "illegal search and seizure" without an official warrant.

Overall, no matter if you're stopped on the road or anywhere suspected of a crime, you're first defense is silence, and it is a citizen's basic right when arrested to seek legal counsel before cooperating any further.

More about arrests & legal advice around the Web:

Criminal Law - Virtual encyclopedia of law information with answers to common questions including what to do if arrested, an explanation of Miranda rights, the process of criminal prosecution, court trials, and related topics including drunk driving arrests and white collar crime.

Criminal Law AllExperts.com - Answers to visitor-submitted questions with specific responses to arrest and legal rights issues, arrest warrants, juvenile arrests, misdemeanors and felony crimes, breaking probation, drug charges, extradition, and related topics.

Miranda warning - Wikipedia - Complete information on the right of silence under U.S. law, a.k.a "Miranda rights" with historical background, current use by law enforcement officers, information about similar laws in the UK, Canada and Europe including related references and resources.

Your rights on arrest - UK legal guide with tips on arrests on the road, street, or at football games, information on home searches and legal rights with related advice hotlines, and a helpful FAQ from the Police National Legal Database.

also see -> Help for Crime Victims

The information provided on these pages is intended as reference
only and does not constitute professional legal advice.