No one thinks they will be arrested. Unfortunately, numerous individuals find themselves in predicaments that end with officers placing them under arrest. If this situation has happened to you, you may wonder whether the officer even had reason to arrest you.
If an arrest does not take place in a lawful manner, an accused person could use that information as part of his or her criminal defense. An arrest made without reason will undoubtedly not stand in court, and if you believe that your arresting officer did not follow proper procedure, you may want to further explore this possibility.
When can an officer arrest someone?
Many people have apprehensions when it comes to police officers because they think that police officers can take them into custody at any time and for any reason. However, that is not the case. A predicament must meet certain stipulations before an arrest can take place. Some reasons for an arrest include the following:
- There is a warrant out for your arrest. If authorities suspect that you have committed a crime, they may seek an arrest warrant from a judge indicating why the arrest is necessary.
- An officer saw you commit a crime. The officer may arrest you if he or she saw you steal something from another person, observed reckless driving or witnessed any other criminal activity.
- Probable cause exists for an arrest. Probable cause is an officer's belief, stemming from situational evidence, that you have committed or will commit a crime.
When an officer arrested you, you undoubtedly felt your heart begin to race. Fortunately, your case does not end there, and you have options for creating a meaningful defense.
Remember your rights
Of course, you have constitutional rights, and if an officer violates your rights at any time during an arrest, those violations could work in your favor later.
If you are uncertain about your rights or whether an officer acted inappropriately, you may want to discuss this possibility and other aspects of your criminal defense with an Alabama attorney. A legal professional understands the law and can help you determine whether any procedural mistakes occurred during your arrest.