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Know Your Rights When an Arrest Happens

You should be aware of your civil rights in the event of an arrest.

Posted 5 years ago by Jim Titus

You’ve just been arrested! So, what do you do now? Do you know your rights when an arrest happens? While there are several important steps to take, such as contacting legal counsel and calling Detroit Bail Bonds to assist in posting bail, there are also certain rights that you are entitled to during the arrest process.

The Miranda Warning

Part of your rights when being arrested is that law enforcement officers are required to read you your Miranda rights. The Miranda rights tell people they have the right to remain silent, as well as to contact an attorney or other legal representation before they answer any further questions about the incident or arrest. Remember, the only time you really need to answer questions is in court before a judge.

Officers’ Questions

Do you know your rights when an arrest happens? There are some things you are not required to do, like sign certain documents under specific circumstances.You may be asked to identify yourself or, in some instances, show proof of registration and insurance, but after that, it is your right to remain silent by not responding to any further questions about the incident. Wait until you can talk to someone who can advise you on what to say and what not to say.


Unfortunately, when arrested and jailed, you will have to hand over your personal effects. After this happens, you have the right to receive an inventory of all items taken, and those items should be described with enough detail so you can identify them for return later on. Other than this, you are not required to write a statement, sign a written statement, or even pen your name into a sign-in book.

Physical Search

The arresting officer can search you for their own safety, to avoid a loss of evidence, or find evidence for the arrest. Officers can do a “pat down” search – a cursory search of your outer clothing – but as part of your rights at the time of your arrest, they cannot go any further than only what is necessary to make sure weapons or evidence are not hidden on you. Searches cannot be done based on “gut feelings.” There has to be reasonable cause; otherwise, it is a violation of your rights.

Humane Treatment

Even when arrested, everyone has the right to be treated with dignity and respect. According to the 8th Amendment of our Constitution, arresting officers cannot create a situation that deprives you of your dignity or violates your rights. As stated in the Constitutional Amendment, they also cannot administer “cruel and unusual” punishment.


You don’t want to get into deeper trouble, create a no-win situation, or jeopardize your rights. It is best that you cooperate by not resisting the arrest or getting forceful with the arresting officer. Even if you know you are in the right, or believe there is no probable cause, don’t try to argue or prove a point. That can happen later under the guidance of legal representation.

The staff at Detroit Bail Bonds realizes that being arrested is difficult and taxing. We specialize in court-ordered bonds and will help you find a bail bond option that will satisfy your bail requirements and that works within your financial needs. We are available 24/7 and can provide you with bail information over the phone. Call us at (855) 313-BAIL (2245) to speak with an agent.


See our Detroit Bail Bonds blog page to learn more about your rights when an arrest happens, as well as what to expect during the booking process, arraignment, and court hearings.

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