Rights During an Arrest in Greenwich
For an arrest to be considered lawful in Greenwich, the main element that is required is probable cause. If there is no probable cause, the arrest will always be deemed as unlawful, as there was no reason to believe this person had committed a violation of the law.
An individual has rights during an arrest in Greenwich that must be upheld for the sake of case accuracy and fairness. If you are facing a criminal charge in Greenwich, it is pertinent that you consult with an attorney immediately to begin building a proper defense.
The Validity of an Arrest
If, however, there is probable cause that the person violated the law and the discrepancies are about the arrest procedure, then the validity of that arrest will depend on the specific arrest circumstances.
For example, when an officer does not read the Miranda rights, it does not necessarily mean that the charges will get thrown out or the case will get dismissed. What it could mean is that other types of remedies may be given to the person accused, depending on how that violation affected other parts of the case. However, not reading an individual their Miranda rights is a certain violation of an individual’s rights during a Greenwich arrest.
If an officer does not read the person their Miranda rights and therefore fails to tell the suspect that they have the right to remain silent, it may jeopardize any future statements made by the accused.
The officer may then start asking the suspect questions about what had just occurred, and even if the alleged individual makes incriminating statements, they may be thrown out on the grounds that the individual was not arrested under the correct procedure. This particular right during an arrest in Greenwich is incredibly important, as it can change the course of the case.
In this instance, a court would essentially look at if that failure and the error in the procedure led to some sort of harm or something that impaired the rights of the person that is accused.
In another instance of violated rights during an arrest in Greenwich, the officer may do something inappropriate like become overly aggressive with the suspect or use excessive force. These are things that would be unlawful in a sense that an individual could potentially have a lawsuit for civil damages if the officer injured the person in ways that were inappropriate or unnecessary under the circumstances.
However, with respect to the actual criminal case, it might not have changed or hurt any of the person’s rights with respect to the crime that they were suspected of committing. Just because the officer went above their authority during an arrest in Greenwich, that will not necessarily change what happened before it in terms of what the person is suspected of doing.
Location of the Arrest
The location of the Greenwich arrest will normally dictate how it is conducted, but not always. Usually, it is in a public place, there are a lot of people around, or there is a reason to believe that a large disruption can occur if law enforcement arrests a person in a very aggressive manner.
If the police do not expect there to be any resistance or there is no reason to believe or suspect that there would be any resistance, then most of the time, the officer would approach the person, at least in the first instance, in a more calm manner and notify them of what is going on.
Call Ahead Arrest
If there has been the courtesy of a call ahead, usually then there is not going to be a need to be overly aggressive or confrontational in the interaction with the suspect because there is an understanding that the person is already going to cooperate.
This is unless, on that courtesy call, the suspect has indicated that they are not going to cooperate or otherwise gives the officer reason to believe that the suspect may be a danger, certainly that will not be as cordial of an interaction as it would otherwise be.
Presence of a Threat
The main issue surrounding the rights of an individual during an arrest in Greenwich is whether the officer perceives there to be a threat, more so than the environment that they are in. The environment can add to the feeling of a potential threat. If an individual is in a middle of a dark alley, an officer may treat the person differently when making an arrest than they would in a doctor’s office, for example.
Consult with an attorney to discuss if your rights had been violated during an arrest in Greenwich.