ABA Family Legal Guide

Criminal Justice

The Police and Your Rights

What procedures must the police follow while making an arrest?

The police do not have to tell you the crime for which they are arresting you, though they probably will. They are not permitted to use excessive force or brutality when arresting you. If you resist arrest or act violently, the police are allowed to use reasonable force to make the arrest or keep you from injuring yourself. It may be a separate crime to resist the arrest.

While the police are arresting you, they probably will read you your Miranda rights. They do not have to read you these rights if they do not intend to ask you questions.