Arrests and criminal justice system overview

Arrests

An officer of the law has a great deal of power, and it is helpful for civilians to know what rights they have when approached or stopped by an officer. It is also important to understand the difference between being stopped and being arrested. Individuals should also be aware of the laws regarding search and seizure of property. Generally, an officer of the law is permitted to stop a person to ask questions but unless there is an intervening circumstance, the person is not obliged to answer and may remain silent. If, however, there is a reason for the stop that is obvious (such as, a robbery, terrorist attack, or other incident had just occurred nearby), or if the person was engaged in activity that might be construed as suspicious, then the person should cooperate with the police. If the person continues to remain silent, the officer might have probable cause to place the person under arrest. A person is only under arrest in the legal sense when the officer reads the Miranda Rights, which incidentally begin with "the right to remain silent."

An officer who uses a commanding voice, or in any way demonstrates a show of authority that is unequivocal, is making a stop. The individual should respond deferentially, or else risk being viewed as a suspect and actually be arrested. In the examples given, the officer's raised voice, and especially the officer's body language in standing between the person and the car, can both be understood as displays of authority. The individual is not yet under arrest, but the law enforcement officer is looking for cooperation. It is up to the individual to decide whether to cooperate, or to succumb to an actual arrest in which the Miranda Rights are being read.

Searches of students or any other civilian must be in accordance with Fourth Amendment rights. The officer must have probable cause -- something to make the officer suspicious. Probable cause has an ambiguity to it, allowing for interpretation on both sides. The individual who believes that the officer had no probable cause can refuse to cooperate, and the officer can make the arrest anyway. Whether or not the arrest will be viewed as valid in court is another matter.

The officer is permitted to frisk a person if there is probable cause to suspect that the individual might have a weapon. Similarly, an officer is permitted to search through a student's backpack if it is suspected that the student has a weapon inside. The officer does not necessarily need a search warrant; the officer only needs to demonstrate that reasonable judgment was being used.

With regards to students, though, a weaker standard is upheld. Known as reasonable suspicion, an officer or a private security guard may have reasonable suspicion based on things like rumors. This is potentially problematic, as issues such as race or ethnicity could come into play when suspecting that a student might be breaking the law. The key with reasonable suspicion is knowledge -- this knowledge can come from a variety of sources and do not necessarily need to be evaluated thoroughly before the stop is made.