QUESTION
Do you feel arrests made on TV (movies, news, "COPS," etc.) affect the general public's perception of what constitutes a legal arrest?
Asked on Aug 05th, 2013 on Criminal Law - Illinois
More details to this question:
The courts have concluded that an arrest occurs when a person reasonably believes he or she is not free to leave due to the actions of law enforcement officers.
2 ANSWERS
Michael J. Breczinski
I think so. For example many people think that upon being arrested they have to read you Miranda. This is not true. They only have to read you Miranda if AFTER arrest they want to interrogate you.
Answered on Aug 08th, 2013 at 7:30 AM
Criminal Law Attorney serving Melrose Park, IL
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The Law Offices of Carlos H. Davalos
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The point where an arrest occurs is always debatable. It is not dependent on when the officer actually tells you you are under arrest.
Answered on Aug 06th, 2013 at 9:36 AM