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An arrest is the act of apprehending and taking a person into custody (legal protection or control), usually because the person has been suspected of or observed committing a crime. After being taken into custody, the person can be questioned further or charged .
In the United States, the Miranda warning is a type of notification customarily given by police to criminal suspects in police custody (or in a custodial interrogation) advising them of their right to silence and, in effect, protection from self-incrimination; that is, their right to refuse to answer questions or provide information to law enforcement or other officials.
In the United States, various law enforcement officers are able to legally arrest people. Due to the complexity of the American civil legal system, including the interactions between federal, state, county, and local jurisdictions, there are numerous special cases that apply, depending on the reason for the arrest.
Alexei Nikolaevich and his sister Tatiana Nikolaevna surrounded by guards during their house arrest in Tsarskoye Selo, April 1917. House arrest (also called home confinement, or electronic monitoring) is a legal measure where a person is required to remain at their residence under supervision, typically as an alternative to imprisonment.
A citizen's arrest is an arrest made by a private citizen – a person who is not acting as a sworn law-enforcement official. [1] In common law jurisdictions, the practice dates back to medieval England and the English common law, in which sheriffs encouraged ordinary citizens to help apprehend law breakers.
Search incident to a lawful arrest, commonly known as search incident to arrest (SITA) or the Chimel rule (from Chimel v.California), is a U.S. legal principle that allows police to perform a warrantless search of an arrested person, and the area within the arrestee’s immediate control, in the interest of officer safety, the prevention of escape, and the preservation of evidence.
At this stage, the police are not required to issue a Miranda warning, because a traffic stop prior to formal arrest is not considered to be custodial under Miranda, and will often ask questions intended to elicit the suspect to provide answers that may be used as evidence in the event of an arrest. Non-evidentiary testing falls under this ...
Arbitrarily depriving an individual of their liberty is prohibited under international human rights law.Article 9 of the 1948 Universal Declaration of Human Rights decrees that "no one shall be subjected to arbitrary arrest, detention or exile"; [7] that is, no individual, regardless of circumstances, is to be deprived of their liberty or exiled from their country without having first ...