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What must the arresting officer present for the arrestee to be allowed for detention?

User Atticus
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Final answer:

The arresting officer must have probable cause for detention, and upon arrest, must inform the arrestee of their Miranda rights, including the right to remain silent and the right to an attorney. Additionally, detainees have the right to demand why they are being held, typically through a writ of habeas corpus.

Step-by-step explanation:

The arresting officer must present several important pieces of information for the arrestee to be lawfully detained. This includes probable cause, which justifies the arrest of an individual without a warrant in cases of a felony crime, and is essential when seeking an arrest warrant. Furthermore, once an individual is in custody, they must be informed of their rights—commonly known as Miranda rights. These rights include the right to remain silent, the right to an attorney, and the right to be informed that anything they say can be used against them in a court of law. For detainees, the right to demand to be brought into court, often through a writ of habeas corpus, is key to understanding why they are being jailed.

In the landmark case, Miranda v. Arizona, the court established the requirement for police to advise criminal suspects of these rights. Failure to provide these warnings can render any obtained evidence inadmissible in court. It is also important to note that law enforcement must stop interrogations if the suspect chooses to exercise their right to remain silent or requests an attorney.

User Stole
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