When Are You Considered “Under Arrest” During A Police Encounter?

By: Wallin & Klarich

Most people think they are arrested when a police officer says “You Are Under Arrest” or puts you in the back of the police car. This is incorrect. An arrest is the act of legal authority taking actual physical custody of a citizen thus causing a restraint on that citizen’s liberty. An arrest occurs when there is a submission to authority causing a seizure of your person.

The standard to be considered and understood is the “free to leave” standard. Whether the suspect was free to leave – therefore making the police encounter consensual and not an arrest. What is difficult to understand is the interplay between a stop, detention, and arrest. Understand that an arrest is more than a stop. It is more than a detention. Further, mere contact, interaction or discussion with the police is not necessarily an arrest.

Also note that the infamous constitutional rights of Miranda do not apply until after you are placed under arrest. This is an important issue to discuss with your attorney, to make sure your attorney’s arsenal is full before approaching arguments with the prosecutor and court.

Be sure that your rights are adequately protected if you are facing criminal accusations. The best way to do this is to hire a knowledgeable criminal defense attorney. At Wallin & Klarich, our attorneys have been in practice for over 30 years and can help you ensure the protection of your rights. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be there for you when you call.

Posted In: Criminal Defense