Legal Question in Civil Rights Law in Ohio

My grand-daughter was arrested I believe improper. Another person in house was arrest for drugs and taken to jail. They had no warrant or search warrant. And took items out of house with no receipt given.They came back latter. Know on the door she said just a minute and before she could open the door they just open it and came. And said put hands behind you and cuffed her arrested her. And took her to jail. Read her no rights, had no warrant of any kind. And still in jail 4 days latter and no on talked to her or filed charges for her to see. Still no trail date set and no one knows when it will be.Don't they need to warrants to search and arrest you under the 4th amendment?


Asked on 2/07/14, 11:29 am

1 Answer from Attorneys

John Sauter Cloppert, Latanick, Sauter & Washburn

No, there is no need for a warrant to arrest someone under the 4th Amendment. For example, if a police officer witnesses a robbery being committed, the officer is not required to call a duty judge and describe the situation in order for a warrant to be issued. To require a warrant be issued for an arrest would be time-consuming, costly, inefficient and would lead to the breakdown of every-day police work.

Instead, in order to constitute a valid arrest under the 4th Amendment, an officer must have probable cause that a crime is being or has been committed to arrest someone. An officer can detain a person if they believe there is reasonable suspicion that a crime is being or has been committed. These determinations are fact-based determinations made by the officer based upon his or her subjective experience with the potential offender.

A warrant is generally required to enter a structure such as a home. However, there are many well-recognized exceptions to the warrant requirement. "Emergency" and the "imminent destruction" of evidence are two recognized exceptions that allow law enforcement to enter a residence without a warrant.

Finally, there is no requirement that a person who has been detained be read their rights ("Miranda warning") at the time of their arrest. If a Miranda warning is not given, any statements made by the arrestee after their arrest may be used for law enforcement purposes, but may not be used against the arestee in a criminal proceeding.

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Answered on 2/10/14, 12:06 pm


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