ARREST  AN ARREST TAKES PLACE WHEN A PERSON SUSPECTED OF A CRIME IS TAKEN INTO CUSTODY. THE POLICE MAY HAVE AN ARREST WARRANT, WHICH SHOWS THAT A JUDGE AGREES THERE IS PROBABLE CAUSE FOR THE ARREST.

PROBABLE CAUSE, THERE MUST BE SOME FACTS THAT CONNECT THE PERSON TO THE CRIME.

A POLICE OFFICER DOES NOT NEED PROBABLE CAUSE TO STOP AND QUESTION AN INDIVIDUAL ON THE STREET. HOWEVER, THE OFFICER MUST HAVE REASONABLE SUSPICION TO BELIEVE THE INDIVIDUAL IS INVOLVED IN CRIMINAL ACTIVITY. THE REASONABLE SUSPICION STANDARD DOES NOT REQUIRE AS MUCH

ANY LAW ENFORCEMENT OFFICER SUCH AS A POLICEMAN, SHERIFF, DEPUTY SHERIFF OR STATE TROOPER CAN MAKE A LAWFUL ARREST. THE ARREST MAY BE MADE WITH A WARRANT OR, UNDER CERTAIN CIRCUMSTANCES, WITHOUT A WARRANT.

• FLIGHT •     FURTIVE MOVEMENTS•     OBSERVATION OF REAL EVIDENCE •     ADMITTED OWNERSHIP•     FALSE OR IMPROBABLE ANSWERS •     PRESENCE AT A CRIME SCENE or IN A

HIGH-CRIME AREA•     ASSOCIATION WITH KNOWN CRIMINALS •     PAST CRIMINAL CONDUCT •     FAILURE TO PROTEST

WHAT CONSTITUTES PROBABLE CAUSE?

THE BASIC RIGHTS OF A CITIZEN UNDER ARREST ARE STATED IN THE FIFTH, SIXTH AND EIGHTH AMENDMENTS OF THE "BILL OF RIGHTS" OF THE UNITED STATES CONSTITUTION. Complete the chart below

The Fifth Amendment

The S ixthAmendment

The EighthAmendment

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

FIFTH AMENDMENT

IN ALL CRIMINAL PROSECUTIONS, THE ACCUSED SHALL ENJOY THE RIGHT TO A SPEEDY AND PUBLIC TRIAL, BY AN IMPARTIAL JURY OF THE STATE AND DISTRICT WHERE IN THE CRIME SHALL HAVE BEEN COMMITTED, WHICH DISTRICT SHALL HAVE BEEN PREVIOUSLY ASCERTAINED BY LAW, AND TO BE INFORMED OF THE NATURE AND CAUSE OF THE ACCUSATION; TO BE CONFRONTED WITH THE WITNESSES AGAINST HIM; TO HAVE COMPULSORY PROCESS FOR OBTAINING WITNESSES IN HIS FAVOR, AND TO HAVE THE ASSISTANCE OF COUNSEL FOR HIS DEFENCE.

SIX AMENDMENT

EXCESSIVE BAIL SHALL NOT BE REQUIRED, NOR EXCESSIVE FINES IMPOSED, NOR CRUEL AND UNUSUAL PUNISHMENTS INFLICTED.

EIGHT AMENDMENT

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A law enforcement officer must have a warrant for your arrest unless one of the following circumstances exists:

• The law enforcement officer has reasonable ground to believe that a warrant for your arrest has been issued in this state or in another jurisdiction.

• You committed or attempted to commit a crime in the presence of the officer.

• The officer has reasonable ground to believe both that a crime has been committed and that you are the person who committed it.

CITIZEN’S ARREST A private citizen may make an arrest under certain circumstances. The law permits a citizen to detain, or place under arrest a person who commits or attempts to commit a criminal offense in his presence other than an ordinance violation.

OBTAINING RELEASE ON BAIL

You have a right to apply for and post bail as a means of obtaining your release from custody. The Court will normally set bail, even with a charge of murder or other serious crimes, unless the proof is evident or the presumption is great that the person is guilty of the crime.

Bail is the money or other security you deposit with the Court as an assurance that you will appear for trial. The Court will accept property (real estate) as bail

YOUR RIGHTS AFTER ARREST

The U.S. Supreme Court has ruled that as soon as you are taken into custody you must be informed of the following:

1. You have a Constitutional right to remain silent.

2. Anything you say can be held against you.

3. You have the right to legal counsel and that if you cannot afford a lawyer, one will be appointed for you.

4. If you choose, you may have a lawyer present during interrogation.

A search warrant is a court order issued by a judge who agrees that the police have probable cause to conduct a search of a particular person or place. However, there are many circumstances in which

SCHOOL OFFICIALS ARE ALLOWED TO SEARCH STUDENTS AND THEIR POSSESSIONS WITHOUT VIOLATING STUDENTS' FOURTH AMENDMENT RIGHTS

SEARCH WARRANT

• THINK CAREFULLY

• DON'T GET INTO AN ARGUMENT

• KEEP YOUR HANDS

• DON'T RUN. DON'T TOUCH

• DON'T RESIST

• DON'T COMPLAIN

• DO NOT MAKE ANY STATEMENTS

• REMEMBER OFFICERS' BADGE AND PATROL CAR NUMBERS.

• WRITE DOWN EVERYTHING.

• TRY TO FIND WITNESSES AND THEIR NAMES AND PHONE NUMBERS. TAKE PHOTOGRAPHS OF THE INJURIES -SEEK MEDICAL ATTENTION

• IF YOU FEEL YOUR RIGHTS HAVE BEEN VIOLATED, FILE A WRITTEN COMPLAINT

WHAT TO DO IF YOU ARRESTED