Police can’t just arrest anyone they please for any reason. There is a specific set of circumstances that must exist in order for an officer to conduct a lawful arrest. In today’s blog, we take a closer look at what police must do when attempting to a place a person under arrest in Minnesota.
Elements Of An Arrest
Police can arrest an individual if one or more of these circumstances exist:
- The officer personally witnessed a crime being committed.
- The officer has an arrest warrant that has been issued by a judge.
- The officer has probable cause to believe that the person being arrested committed a crime.
The first two points are rather straightforward, but the third point is open to interpretation. That’s because there is no clear cut definition of probable cause. Minnesota has certainly attempted to define probable cause, but even in definition, there is room for interpretation. Minnesota states that probable cause exists when there are an “existence of facts that would lead a person of reasonable intelligence and prudence to believe that a crime has been committed.”
So while there is no black and white version of what constitutes probable cause, it can come about in a number of different ways. If someone vandalized the school with orange spray paint, you are seen speeding away from the area and police find an orange spray paint can in your passenger seat, they may have enough probable cause to conduct an arrest. If you’re seen swerving between lanes, your breath smells of alcohol and you fail a roadside test, an officer would have probable cause to arrest you.
The police don’t always need a warrant or they don’t always need to witness you committing a crime in order to conduct an arrest. If they can get enough evidence that could constitute probable cause, you can be arrested.
It’s also worth noting that police do not need to read you the Miranda Rights before you are arrested. Some people think that if police do not read their rights, the whole arrest can be thrown out. That’s typically not the case. However, police do need to read the Miranda Rights prior to questioning or interrogating someone who has been placed under arrest. Because of this, many officers read the Miranda Rights during the arrest process so that they can start questioning the suspect right away.
And finally, police are only allowed to use appropriate force in order to conduct the arrest. Again, this is open to interpretation, but it’s one of the reasons why we recommend against escalating the situation by attempting to flee or resisting arrest. You’re giving police justification to use more force, and that’s not going to lead to a good outcome for you.
If you find yourself in a situation where you have been lawfully or unlawfully arrested, your next move should be to contact a criminal defense firm like the team at Appelman Law Firm. We’ll go to work building your case and helping you avoid a worst case scenario. For more information, or for help with a legal issue, give our team a call today at (952) 224-2277.
