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What is The Process that Police follow while Arresting Someone?

In the state of Nebraska, the police can arrest a person under the following circumstances –

  • A crime has been committed, and the police know who the perpetrator is. In this case, the police get an arrest warrant against the perpetrator signed by a judge or a magistrate and use that to arrest the person or persons named in the warrant. The arrest warrant authorizes the police to take the individual into custody, and to search and seize their property.
  • In case a crime has taken place in front of the police officer, then they are authorized to arrest the individuals responsible for the crime immediately, without waiting for an arrest warrant.
  • When police officers have a probable cause that leads them to believe that a crime was committed, they can arrest the person whom they believe has perpetrated the crime. The arresting officers will have to later explain to the judge or the jury what they thought was a probable cause and attempt to prove it with facts, figures, and evidence.
  • Once a person has been arrested, the records of the arrest are available for public perusal in NE arrest records. These records can be accessed online on one of the many online search web platforms or may be obtained in person from the county clerk.

What is the process followed by the police during an arrest?

During the process of conducting an arrest, the police officers must follow a certain procedure, to protect the rights of the individual that they are arresting, as well as to protect themselves from lawsuits.

Generally, the process of arrest varies with the state and the jurisdiction. However, they all follow a common flow.

The process is as follows –

  1. There is no legal necessity for the police officers to tell the arrestee why they are being arrested. The officers can choose to tell it when asked by the arrestee.
  2. If there is an arrest warrant issued, then the police officers must respect the rights of the arrestee and allow them to see the document.
  3. There is no legal necessity to place the arrestee in handcuffs or put them in a police car. However, the arresting police officers may choose to do if they believe that the arrestee could cause trouble or harm.
  4. Miranda rights must be read to the arrestee before they can start any questioning or investigation. Though the right can be read later, it is preferable to be read it during the arrest.
  5. The arresting officers should not use excessive force to conduct the arrest, nor are they allowed to physically abuse the arrestee. However, if the arrestee resists, a minimal amount of force may be used to make the arrestee submit.
  6. Once the arrest has been made, the police has to bring the arrestee to the police holding facility, and they can allow the arrestee to contact a lawyer.

In the state of Nebraska, there are two levels of court: the trial court and the appellate court. The court of appeals consists of six judges who are appointed by the Governor of the state. The governor selects the judges from the lists submitted by the judicial nominating commissions. Out of those six judges, a chief judge is selected for a renewable term of two years.

Apart from this, the state of Nebraska has 12 districts and each district has one court of its own. There are 93 counties in the state of Nebraska and each county has an individual county court for the case trials. The highest court in the state is the Nebraska Supreme Court. The supreme court has the discretion to review all the decisions taken by the court of appeals.

Michael Williams is the author of this article. For further detail about NE Arrest Records. Please visit the website: nebraska.staterecords.org

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