Is it legal for the police to arrest you without showing the warrant and or reading your rights when booked?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is it legal for the police to arrest you without showing the warrant and or reading your rights when booked?

Asked on November 13, 2011 under Criminal Law, Wisconsin

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

An arrest warrant is not always required. When the police have probable cause to believe that a person has committed a crime, they can make an arrest without a warrant. The exception being the police cannot arrest a person in their own home or private residence without an arrest warrant. The 5th amendment states that citizens shall be protected against unreasonable search and seizure. This ot protection extends to the right of persons to not be arrested in their home without an arrest warrant.

Even then, there are cases where it is legal for the police to enter a private residence to make an arrest without an arrest warrant. For example, when the police are in "hot pursuit" of an individual they suspect has committed a crime and that person enters a private residence. Additionally, the police can also make an arrest without an arrest warrant to protect others from imminent danger, to prevent the destruction of evidence, or when contraband is in "plain view". Finally, people can also be arrested without an arrest warrant for certain traffic related offenses.

When an arrest warrant is required, the arresting officers must show the warrant to the person at the time of arrest or shortly thereafter. The only time an officer does not need to show proof of an arrest warrant is when they reasonably believe that doing so would threaten their safety, the integrity of evidence, or cause the suspect to flee.

As for reading you your rights, the "Miranda warning" need only be given when a suspect is arrested and then questioned. If the subject is only arrested without questioning, then they need not be read their rights. Any questions asked incidental to the booking  process is an exception. So a suspect may be asked their name, address, birth date, etc. without being given their Miranda warning.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption