Legal Question in Criminal Law in Virginia

what are the police arrests do's and don'ts?

What are police suppose to do prior to an arrest and after an arrest?


Asked on 9/14/04, 10:40 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: what are the police arrests do's and don'ts?

Each situation confronting the arresting officer(s)is invariably different. However one pre- arrest principle that is virtually axiomatic and applicable to all (arrest situations) is that the officer(s) must have probable cause, i.e., a legally good reason for the arrest, whether with or without a warrant.

Post arrest procedures, again, will vary with the particular arrest situation (with the safety of the officer[s] being paramount), but all who have been taken into police custody must be given their Miranda warnings and transported to a secure police facility where they are to be processed according to established procedures.

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Answered on 9/14/04, 11:48 am


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