Arrest

After policemen in Lago Vista, California, pulled over the car of a woman transporting two small children, they placed her under arrest, verbally berated her, handcuffed her, put her in the police squad car, and drove her to the police station, where she was forced to remove her shoes, jewelry, and eyeglasses. The only penalty for her violation of the state’s seat belt law was a fine. When the case of Atwater v. City of Lago Vista (2001) reached the Supreme Court, Justice David H. Souter (b. 1939) wrote in his opinion for the Court that while the woman suffered “petty humiliations,” her Fourth Amendment (1791) rights against unreasonable search and seizure had not been violated. Her arrest was upheld.

To be arrested (from the Latin ad restare, meaning to rest or remain) is to be deprived of liberty and often results in one’s being placed in a hostile environment, even though under the American legal system a person is entitled to the presumption of innocence. Although the term appears in the Constitution only in the context of the privileges and immunities of members of Congress, a number of provisions address the rights of citizens relating to arrest: the seizing and detention of a person by the police or federal law enforcement authorities. A citizen’s constitutional rights in the event of arrest are closely related to the rights of persons accused of crimes, although arrest and the formal filing of criminal charges are two distinct actions by different government authorities, as reflected in the popular television program Law and Order.[Page 46]

Arrest is the first step in the process of criminal prosecution. According to William Blackstone (1723–80), author of Commentary on the Laws of England (1765–70), arrest may lead progressively to “Commitment and bail,” “Prosecution,” “Process,” “Arraignment,” “Plea,” “Trial and conviction,” “Judgment, and its consequences,” “Reversal of judgment,” “Reprieve, or pardon,” and, finally, “Execution.” In the United States today, an arrest may be made on the basis of an arrest warrant issued by a court because an apparent crime was committed in the presence of the arresting officer or on the arresting officer’s belief that a crime was committed. After an arrest, a person must be “read his or her rights”—given the so-called Miranda warnings (see Miranda v. Arizona)—at the first practical moment. These warnings advise the detained person of his or her constitutional rights. Citizens may make an arrest if a crime is committed in their presence, but they may be sued for false arrest if they make a mistake.

Like the California woman who did not wear her seat belt, a person may be arrested for a minor violation of the law or for speeding or stealing less than fifty dollars, as well as for more serious crimes. The act of arresting an individual raises a number of constitutional questions. Procedural requirements must be followed in making an arrest, including the treatment of the accused during arrest and other conduct by the arresting officers. Additional factors are the speed with which (1) the accused is brought before a court and (2) the reasons for the arrest are made known to the detainee and his or her legal counsel. Treatment during detainment while under arrest may also raise constitutional issues, such as the right to humane treatment (see Prisoners and Assistance of Counsel).

...