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The arrest. An officer can arrest you without an arrest warrant if the officer has probable cause to believe you committed a felony or if the officer sees you commit a misdemeanor. You cannot leave the scene or impede the officer's performance of the officer's duties. Searches. When an officer detains you to investigate a potential crime, he may conduct a "pat search" of your body to secure his own safety. Upon arrest, an officer can search you without a warrant for weapons, evidence or illegal or stolen goods. Questioning. Prior to questioning you, an officer should advise you of your right to remain silent, that anything you say may be used against you, and that if you cannot afford a lawyer, the court will appoint one for you. You do not have to answer any questions except to give your name and address and show identification if requested. If you respond to questions, then change your mind, officers must cease questioning you as soon as you say so or as soon as you say that you want a lawyer. Physical evidence. Officers may request that you surrender certain physical evidence. For example, if officers suspect you of driving under the influence of alcohol, they may request that you take a test to measure the amount of alcohol in your system. If you refuse, your department of motor vehicles will suspend your driver's license and prosecutors will use your refusal to take the test against you. Booking. At a police station, officers will enter your arrest into official police records, take samples of your fingerprints, and photograph you. You may make three free telephone calls within the local dialing area. To make any additional calls from jail, you must dial collect. The police may conduct a full body search, including body cavities. Arrest records. Local police departments and the state Department of Justice keep arrest records. They may show these records to law enforcement officers only, and may only show records of your convictions to certain licensing agencies which have a right to investigate your criminal background. |
When arrested |
Know the rules |
Peace officers must follow rules to obtain admissible evidence. |