Not every arrest is automatically legal. Arkansas law requires police to meet certain standards before taking someone into custody. Here are the main rules that determine whether an arrest is lawful.
Police must have probable cause
Every arrest must start with probable cause. That means officers need specific facts that would lead a reasonable person to believe a crime occurred and that you were involved. Those facts might come from an officer’s observations, physical evidence, reliable witness statements or other information gathered during an investigation. A guess, rumor or vague suspicion does not meet that standard.
Police can make an arrest with a warrant
An arrest warrant allows police to take someone into custody after a judge reviews the evidence and agrees that probable cause exists. Law enforcement must present sworn information explaining the alleged crime and the evidence supporting the arrest. If the judge finds that the evidence meets the legal standard, the judge signs the warrant, which gives officers the authority to arrest the person named in it.
Police can sometimes arrest you without a warrant
Arkansas law also allows warrantless arrests in certain situations. For example, an officer can arrest someone if a crime happens in the officer’s presence or if the officer has probable cause to believe a felony occurred. Officers may also act when waiting for a warrant would allow a suspect to escape, destroy evidence or create a risk to others. Even in these situations, the officer must still rely on probable cause.
What to do if your arrest did not follow these rules
If something about your arrest seems questionable, take note of what happened, what officers said and who witnessed the situation. Speaking with a criminal defense attorney can help you determine whether the arrest followed the law and what steps make sense next. Getting a clear explanation early can help you avoid mistakes and have a better understanding of where you stand.