Arrests and Interrogations FAQ
Learn about several constitutional protections that you can invoke during police interrogations.
» When do the police need a warrant to make an arrest?
If I'm arrested, do the police have to "read me my rights"?
Will a judge dismiss my case if I was questioned without a Miranda warning?
What's the best way to assert my right to remain silent if I am being questioned by the police?
How heavy-handed can the police get when asking questions?
Can a person who is charged with a crime be forced to give bodily samples?
I was pulled over at a roadblock and asked to wait and answer a police officer's questions. Is this legal?
When do the police need a warrant to make an arrest?
As long as the police have good reason (called "probable cause") to believe that a crime has been committed and that the person they want to arrest committed the crime, they can, with just one exception, make an arrest without asking a judge for a warrant.
The exception? There are few places where the adage "a man's home is his castle" still applies, and an arrest at home is one of them. The police must have a warrant to arrest a person at home if the arrest is for a nonserious offense -- such as a simple assault -- and there is no fear that the person they want to arrest will destroy evidence or cause harm to the public.
Back to top
|
