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Which of the following is not one of the four elements of an arrest?

O having the authority to make an arrest
O an intent to make an arrest
O holding someone in custody
O an understanding by the person that
O he or she is being arrested

User Iamjoosy
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1 Answer

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Final answer:

The four elements of an arrest include having the authority to make an arrest, an intent to make an arrest, holding someone in custody, and an understanding by the person that they are being arrested. A prisoner's right to be informed of why they are being held and the right to be warned that anything said may be used against them in court, are not elements of an arrest, but rather rights that protect the individual after the arrest.

Step-by-step explanation:

Elements of an Arrest

When evaluating what constitutes an arrest, there are a few foundational elements that are commonly recognized. These are having the authority to make an arrest, an intent to make an arrest, actually holding someone in custody, and an understanding by the person that they are being arrested. The option a prisoner's right to be informed of why they are being held and the right of the accused to be warned that anything they say may be used against them in court, although crucial after an arrest has been made, don't define the actual act of making an arrest itself. These rights come into play post-arrest to protect an individual's rights during the subsequent legal process. Therefore, these rights are not considered one of the four elements that define an arrest.

When suspects are taken into custody, they must be informed of certain rights, which includes the right to remain silent and the right to counsel, as per Miranda v. Arizona, which established the requirement that police inform detainees of their rights during the custodial interrogation. The question seems to be asking for the elements that constitute an arrest itself, and the correct option in the final answer would be either c. a prisoner's right to be informed of why they are being held or d. the right of the accused to be warned that anything they say may be used against them in court. As both of these rights are post-arrest requirements, either could be seen as the option that is not one of the four elements of an arrest.

User Stewenson
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