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Explain the four elements that must be present in order for law enforcement officer to make an arrest.

User Sehummel
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Final answer:

Law enforcement officers must have probable cause, an arrest warrant in some cases, inform the suspect of their rights, and observe due process to legally facilitate an arrest.

Step-by-step explanation:

There are four essential elements that must be present for a law enforcement officer to make an arrest. First and foremost, there must be probable cause to believe that a person has committed or is committing a crime. Probable cause is a reasonable basis for believing that a crime may have been committed, which is a lower threshold than proof beyond a reasonable doubt required for a conviction.

Secondly, in many cases, an arrest warrant issued by a judge is required, unless the crime is a felony or the officer witnesses a misdemeanor occurring. The warrant must be based on evidence presented that establishes probable cause.

Third, the officer must inform the suspect of their rights upon arrest, sometimes referred to as 'Miranda rights'. These rights include the right to remain silent and the right to an attorney. Lastly, an officer must follow due process, ensuring respectful treatment of the suspect and a prompt appearance before a court to face charges. These elements are enshrined in both domestic law and international human rights standards as vital protections to maintain the rule of law and individual freedoms.

User Esben Eickhardt
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