Arrest |
You can be arrested by an officer or a citizen who sees you commit a crime. And even if they didn’t see you, the police can arrest you if they have probable cause to believe that you’re involved in a felony (or sometimes a misdemeanor, depending on the type of crime and the jurisdiction). The facts adding up to probable cause vary, according to the nature of the case. Say, for example, the police received a call from a store owner that someone matching your description had just spray-painted lots of graffiti all over the front of his store. The police drive to the area and notice you running down the street, about a block from the store, holding a can of spray paint in your hand. Under these circumstances, the police would have probable cause to arrest you. They don’t need an arrest warrant as long as they have enough facts for probable cause. Probable cause is more than a reasonable suspicion, but less than the level of proof required to convict you at trial (proof beyond a reasonable doubt). Once you’re under arrest, the police can search your clothes, your body, your bags, your car, etc. In addition, after arresting you, the police can search your “wingspan,” the area within your immediate control. Your wingspan could include a whole room, if the room is small enough that you could lunge to any part of it. A detention frequently turns into an arrest, particularly if you answer the officer’s questions. Physically resisting the police will almost always turn a detention into an arrest—even gently touching a police officer can result in charges of assault or battery on an officer. If the police find a weapon or see drugs while detaining you, that’s likely to provide the probable cause necessary to arrest you. For instance, the police might detain you to see whether you match the description of a particular crime suspect, and then discover an illegal knife while pat-searching you. Or the police might pull you over when you’re driving and detain you to write a ticket, and then spot an open alcoholic beverage container in your car. Once you’re under arrest, the police are allowed to search your clothes and body and to go through your bag and/or vehicle.1
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