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Knowing When An Arrest Is Legal

An arrest occurs when police officers take a suspect into custody. An arrest is complete the moment the suspect is no longer free to walk away from the arresting police officer. The U.S. Constitution's Fourth Amendment authorizes arrests only if the police have "probable cause" to believe that a crime was committed and that the suspect did it.

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If an officer wants to stop me while I'm walking on the street and I know I've done nothing wrong, should I comply?

A police officer may interfere with your freedom of movement only if he has observed unusual activity suggesting that criminal activity is afoot and that you are involved. Even if the officer is mistaken, however, you do not have the right to keep walking. As long as the officer has a good faith belief in your connection to criminal activity, he is allowed to detain you. Stopping you is one thing, however. It doesn't mean that you must answer all of his questions.

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Frequently Asked Questions

Can only businesspersons be charged with white-collar crimes?

Learn More: Criminal Law

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