Michigan CSC Trial: Arrest Procedures
Generally, the Fourth Amendment to the United States Constitution requires that a warrant be issued for a person’s arrest. Probable cause is always required in order for a warrant to be issued. In certain circumstances, such as emergency situations or when a felony takes place right in front of a police officer, a warrant may not be required.
When the police officer arrests a suspect, the suspect is taken into custody. The suspect will be taken into county jail, and a magistrate judge will set a bond requirement for the defendant to post. There are different types of bonds in Michigan: Personal Recognizance Bond, 10% Cash Deposit Bond, Cash Bond, and Surety Bond. There may also be conditions put on the bond, depending on the circumstances of the case.
Miranda Rights and Interrogation Protocol during a Michigan CSC Case
After the suspect is arrested and placed into custody, the suspect will be read his Miranda rights if the police want to question him. Miranda rights must only be read before a “custodial interrogation.” The police are interrogating you if their statements or questions are “reasonably likely to elicit an incriminating response.” Even if the police don’t ask a direct question, that may be an interrogation. Miranda rights include: the right to remain silent, the right to refuse to answer questions, the right to consult an attorney before speaking to the police and have that attorney present during interrogation, and the right to have an attorney appointed if the suspect cannot afford one. The suspect may waive these rights at any time.
Searches Upon Arrest during a Michigan CSC Case
Upon arrest, the police may also conduct a search of the suspect’s person and immediate surroundings, known as a search incident to lawful arrest. The general rule is that the suspect’s person and area within that person’s immediate control will be searched. The purpose of this kind of search is to protect the law enforcement officers if the suspect potentially has a weapon that could be used against the police, so this kind of search does not justify a search of a computer for evidence of the crime. If the suspect is arrested in his living room, the police will not be able to search the suspect’s bedroom or car without having a separate justification, such as a search warrant or other exception to the warrant requirement.
While in custody, the police will search the suspect’s person and belongings, known as an inventory search. The police will search wallets, purses, bags, and the suspect’s clothing. Cavity searches may also be conducted if the police have reason to believe the suspect has concealed something inside of his body, such as a small weapon or other contraband. The suspect will be booked, which includes being finger printed and having the suspect’s name and crimes being put into the official police record. The suspect’s personal belongings are confiscated and kept for safe keeping while the suspect is in custody. If suspected of committing a violent felony, the police may also take a DNA sample upon arrest. The suspect’s photo is also taken at this time, commonly known as a “mug shot.”