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What due processes must the police follow when they arrest you?

On Behalf of | Jun 28, 2024 | Criminal Defense

When the police arrest you in California, they must follow specific due processes to protect your rights. Understanding these procedures may help you know what to expect during an arrest.

Reading your Miranda rights

The police must inform you of your Miranda rights upon arrest. This includes your right to remain silent. You also have the right to contact an attorney once the police detain you. The police must allow you access to legal representation to ensure you have the opportunity to build your defense. Hearing these rights ensures you understand your protections under the law.

Providing a reason for the arrest

Officers must clearly state the reason for your arrest. This explanation allows you to understand the charges against you and prepares you for the legal process ahead. Knowing the specific reason for your arrest is crucial for your defense.

Avoiding unreasonable searches and seizures

The police must avoid conducting unreasonable searches and seizures. They need a warrant or your consent to search your property unless there are exigent circumstances. This protection upholds your Fourth Amendment rights against unlawful searches.

Ensuring proper treatment

During the arrest process, officers must treat you with respect and ensure your safety. They cannot use excessive force or abuse their authority. Proper treatment during an arrest is a fundamental right that must be upheld.

Knowing your rights during an arrest

Facing an arrest in California can be stressful and intimidating. Knowing these procedures helps protect your rights, helps you handle a potential arrest, and helps ensure a fair legal process.