Reference no: EM131565781

1) The arrest process has three components to it, intention, authority and custody. However, there are different kinds of arrests as a person can be simply pulled over for a traffic stop and it turns out they have a warrant for their arrest. In which case the warrant needs to be confirmed before an arrest can be made (as officers tend to become a little handcuff happy when they hear that a person has a warrant before we can confirm it, in my experience but it means they are doing their job). Next is that of when a crime has occurred near an officer, so if someone was pulled over and decided they weren't going to stick around, they could be arrested and charged with eluding. Third, when an officer believes that the person has committed a felony (I don't have a good example for this one!). Last, in statutory instances. Constitutional rights a defendant has are the 14th amendment which gives the defendant due process of law (deprived of life, liberty or property) or deny a person within jurisdiction the equal protection of laws. Then there is the fourth amendment which gives the defendant the right to not have their property or houses searched or seized without probable cause and description of what is being taken (Swanson, Chamelin, Territo, Taylor, pg. 20-22, 2012).

2) The purpose and main objectives of the criminal arrest process is to see justice served. It is to detain a suspect of a crime. The process includes intention, authority, and custody. First there must be intent to arrest, which is brought about through either first-hand knowledge a police officer possesses, or probable cause. The officer has the authority to make the arrest if she or he witnesses the crime first-hand, otherwise they must obtain an arrest warrant from the proper authority; a judge. After obtaining a warrant the officer essentially has the permission to arrest the suspect. The 14th Amendment to the Constitution of the United States guarantees the citizens of the U.S. the right to due process. Due process guarantees that all legal proceedings will be fair, that citizens will be notified of the proceedings, and will be given the opportunity to be heard before their life, liberty, or property is taken away. This is referring to the fact that officer's must read a suspect the Miranda Rights before (or while making) the arrest. Therefore, this guarantees that an officer of the law cannot legally make an arrest without either witnessing a crime, or obtaining an arrest warrant. However, officers can detain suspects without either witnessing or obtaining an arrest warrant. Detention is meant for investigative purposes only, suspects are held while investigations take place for a short period of time. Officers are also permitted to make an arrest if the crime that has been committed is a felony, or in statutorily created instances. Arrest warrants are issues by a judge, they require the arrest of a suspect in a timely fashion, and the warrant must be supported by an affidavit. In order to obtain an arrest warrant an officer needs to provide probable cause or clear evidence showing that a particular person is suspect of committing, or is guilty of committing a crime. Probable cause is more than just suspicion, but less than actual knowledge or evidence.