Arrest

[1] Similar powers exist in France, Italy, Germany, Austria and Switzerland if a person is caught in an act of crime and not willing or able to produce valid ID.

[6] There is no general rule of eligibility or requirement that a police officer must handcuff a person who is being arrested.

The distinction tends to be whether or not the stop is "brief and cursory" in nature, and whether or not a reasonable individual would feel free to leave.

[8][9][10][11][12][13][14] When there exists probable cause to believe that a person has committed a minor crime, such as petty theft, driving on a suspended license, or disturbing the peace, law enforcement agents typically issue the individual a citation but do not otherwise detain them.

Prior to the court date, the prosecution will decide whether to file formal criminal charges against the individual.

When the accused appears in court, they will be advised if formal criminal charges have been filed.

For example, in California, if no formal charges are filed within the 48-hour period, the accused must be released from the arresting host's custody.

This order legislates operational standards during arrest, questioning and charging a person suspected of committing a crime.

Arrestees in Northern Ireland have the right to contact a person to inform them of an arrest, and legal representation.

For example, an arrest warrant may be issued if an accused person does not appear in Court when he is due to answer a charge.

[24][25][26]Based on the U.S. Supreme Court ruling in Miranda v. Arizona, after making an arrest, the police must inform the detainee of the Fifth Amendment and Sixth Amendment rights for statements made during questioning to be admissible as evidence against the detainee in court.

[citation needed] There is also an exception that permits questioning without providing the warning under circumstances involving urgent matters of public safety.

[citation needed] As in the British system, the exact phrasing of the warning is not explicitly mandated under federal law.

[citation needed] Since the exact wording used in an arrest is legally important, police officers often carry a printed copy of the rights, and read from it when providing the warning to ensure accuracy.

The member arrested does not face prosecution, but may be required to pay a fine to the legislative body.

[citation needed] While an arrest will not necessarily lead to a criminal conviction, it may nonetheless in some jurisdictions have serious ramifications such as absence from work, social stigma, and in some cases, the legal obligation to disclose a conviction when a person applies for a job, a loan or a professional license.