Police arrests are sensitive matters in terms the legal procedures, special watch groups, and the public. Public arrests are party to many witnesses, and any irregularity is a blemish to the polish force or the precinct making the arrests. Moreover, in terms of police conduct, an arrest can be used to establish whether officers are acting within their powers or whether they have disregarded the established code of conducting arrests. Tom's arrest was not unlawful, but the officers flouted some crucial rules that pose serious arrest credibility issues.
Errors in Procedure of Arrest
Officer Bill Craven and three others conducted the arrest of Tom, the minor, for suspicion of having a stolen bicycle. There are several issues that the officers failed to observe during the arrest that may prove costly when presented in front of a judge. One, the officers failed to read the Miranda warning to the suspect (Corn, 2020). The federal government of the United States and the penal system requires officers making arrests to ensure that the suspect is privy as to why he is being arrested, required to remain silent, and given the rights to an attorney. In this case, the suspect is a juvenile, and the criminal justice system requires that a guardian of sound mind and legal rights over the minor confirm that the reasons for the arrest are validated (Lum & Vovak, 2018). The United States' criminal justice system allows officers to arrest minors for suspicion of a crime without having witnessed the crime or having tangible evidence. However, the officers are bound only to make arrests under probable cause.
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The officers searched the suspect's grandmother's premises without a warrant despite not having charged the accused with the felony of theft. Under the United States law, officers must not invade citizens' privacy, whether with an existing record or not (Kinports, 2017). The grandmother was pushed to permit the illegal search. The marijuana found in the suspect's house can be termed as inadmissible in a court of law since the search was illegal. A criminal lawyer could argue that the grandmother was under duress (Hawkins, 2020). The officers arrested a minor for having a bicycle similar to a stolen one and whose serial number was obliterated. Any items recovered from an unlawful search are also inadmissible in a court of law.
The Correct Procedure the Officers Should Have Taken
Ideally, the officer's first act should have been to read out the suspected popularly known rights as the Miranda warning. The Miranda warning is the rights that state that one has the right to remain silent, under arrest, anything said can and will be used against the arrested party, and the right to an attorney. The arrested party cannot claim not have been clear that the arrest was being effected (Corn, 2019). Moreover, in front of a judge, a minor cannot claim ignorance if the Miranda warning was read aloud. Also, Bill Craven's officers failed to consider the effect of entering a premise without a warrant, especially for a citizen with no criminal record. The officers entered Tom's grandmother's premises without a warrant and searched the premises (Hawkins 2020). The search is illegal, and a criminal defense lawyer could argue that the officers planted evidence to compromise the suspect. Moreover, the granny was 80 years old, and Bill was very assertive with her; hence she gave permission for the search but under duress. Whatever is recovered from the search is useless to the public prosecutor and the arresting officer.
Furthermore, the officers should have identified themselves before making the arrest. The United States criminal justice system is specifically strict on such provisions of law. The suspect would have then decided to cooperate or get an attorney to represent him. The sudden arrest should have been avoided to preserve the integrity of the case and ensure that the evidence and facts can stand in a court of law.
References
Corn, G. S. (2019). Montejo v. Louisiana and the Impact of Premature Miranda Warnings. Hofstra L. Rev. , 48 , 941.
Hawkins, D. (2020). Miranda Warnings Motion to Suppress. Wisconsin Law Journal .
Kinports, K. (2017). Illegal Predicate Searches and Tainted Warrants After Heien and Strieff. Tul. L. Rev. , 92 , 837.
Lum, C., & Vovak, H. (2018). Variability in the use of misdemeanor arrests by police agencies from 1990 to 2013: An application of group-based trajectory modeling. Criminal Justice Policy Review , 29 (6-7), 536-560.
