{"id":352341,"date":"2023-12-14T15:02:53","date_gmt":"2023-12-14T20:02:53","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/criminal\/criminal-procedure\/what-procedures-must-the-police-follow-while-making-an-arrest.html"},"modified":"2023-12-14T15:02:53","modified_gmt":"2023-12-14T20:02:53","slug":"what-procedures-must-the-police-follow-while-making-an-arrest","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-procedure\/what-procedures-must-the-police-follow-while-making-an-arrest.html","title":{"rendered":"What Procedures Must the Police Follow While Making an Arrest?"},"content":{"rendered":"\n
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What Procedures Must the Police Follow While Making an Arrest?<\/h1>\n
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\n By Robert Rafii, Esq.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Key Takeaways<\/h2>\n

Police take away a person’s fundamental right to freedom when they arrest someone. So, police must follow several procedures before they can make a legal arrest. <\/p>\n\n <\/div>\n <\/div>\n<\/div>\n

No matter who you are, you have rights against an unlawful arrest. Constitutional rights, as interpreted by the Supreme Court, limit arrests. These limits are enshrined in criminal procedure to protect your Fourth Amendment rights<\/a>. <\/p>\n

Yet, it can be hard to tell the difference between a legal arrest and a wrongful arrest. You also might not know what to do if you believe police made a serious error when detaining or arresting you.<\/p>\n

Even if you never commit a crime, anyone could face suspicion and arrest. Understanding due process laws can help you protect your rights.<\/p>\n

The Arrest Process Varies by Location<\/h2>\n

Many states and police departments add procedures in criminal cases. In the context of criminal charges<\/a> and arraignment<\/a>, these extra procedures may be designed to:<\/p>\n