Lancaster, PA asked in Civil Rights and Constitutional Law for Pennsylvania

Q: Can the police put you under arrest with no charges or warrant

Can the police show up at your house and put you in handcuffs without a warrant or charges then not Miranda you then when you ask for a lawyer, ignore the request and continued their questions they also deny you your phone call and all they want you to do is work for them to get somebody but at this time you have no charges or want for them to even have come to your home and put you in handcuffs and put you in the back of a cop car and bring it to the station

1 Lawyer Answer
James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA

A: In general, police must have a valid reason, such as an arrest warrant or probable cause, to arrest someone. If you're arrested without a warrant, the police should have strong evidence to believe you've committed a crime. However, merely showing up at your house without any charges or warrants and handcuffing you would typically be against standard legal procedures unless immediate action was necessary due to a perceived urgent threat.

Once under arrest, you should be read your Miranda rights, which include the right to remain silent and the right to an attorney. If these rights are not communicated, or if your requests for a lawyer are ignored, this is a serious issue and could affect the legality of the arrest and any subsequent proceedings. You also typically have the right to make a phone call, especially to contact a lawyer or family member.

If you find yourself in a situation where you feel your rights have been violated, it's crucial to remember the details of the encounter and seek legal assistance as soon as possible. Document everything you recall about the incident and the officers involved. Contact a lawyer who can help navigate your situation and ensure your rights are protected. It's important to act promptly and assertively to address any violations of your rights.

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