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WHAT IS AN ARREST?
Despite all the TV shows in which the police always say "you are under arrest", for purposes of a defendant's rights under the laws of the United States, an arrest may occur long before those words are uttered. The courts have concluded that an arrest occurs when a person reasonably believes he is not free to leave due to the actions of law enforcement officers.Once an
arrest has occurred, and before asking you any questions (other than your name
and address), law enforcement officers must provide your "Miranda
warning". They go something like this:
"You have the right to remain silent. Anything you say may be used against
you in a court of law. You have the right to an attorney. If you can not afford
an attorney, one will be provided for you."
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