To make a lawful arrest without a warrant, a peace officer must have probable cause, which means having enough factual information to believe that the person has committed or is about to commit a crime. Consent from the suspect is not required, and the arrest does not have to be within the officer’s home jurisdiction.
Exigent circumstances are urgent situations that require immediate action by law enforcement, such as preventing the destruction of evidence or addressing an emergency. These circumstances justify actions like searches or arrests without a warrant.
The search incident to arrest doctrine allows officers to search the suspect’s immediate area and the area within their control to ensure safety and preserve evidence. This search is limited to the area within the suspect’s reach at the time of arrest.
Force may be used by officers to control and restrain a suspect who is actively resisting arrest or poses a threat to the officer or others. The use of force must be reasonable and proportional to the level of resistance or threat encountered. Intimidation or punishment is not permissible.
The Miranda warning ensures that a suspect is informed of their constitutional rights, including the right to remain silent and the right to an attorney. This warning is required before any custodial interrogation to protect against self-incrimination.
