Before, during and after Arrest
The Hall of Justice, 600 West Jefferson Street, Louisville, Kentucky 40202

Oldham County Criminal Defense Attorney

Before being arrested many things could be happening.  If you are told you are not under arrest, leave.  If you can't leave you are detained and should be read your Miranda Rights.  This is a hotly contested time and a lot of information brought in by against the defendant is gathered at this time.  Learn how to be quite, shut up and get your Miranda on!  

Oldham County Criminal Trial Lawyer

Critical Juncture in Due Process - approaching arrest. 

People can be arrested if there is a good reason, or probable cause, to believe they committed a crime. Sometimes the arrest occurs at the scene of the crime because the officer saw it happen.  

Miranda Rights are Arising Quickly.
When people are taken into custody, before they are questioned, they must be informed that anything they say may be held against them in a court of law, and that they have the right to remain silent,
consult with a lawyer before and during questioning, and
have a lawyer appointed to represent them if they cannot afford one.

They are also told that they can exercise these rights at any time. 

Complaint and Arrest Warrant -
Law enforcement obtains a Warrant for Arrest of the alleged offender. The warrant is based on an Indictment (see below) or a Complaint filed with the U.S. District Court. An Affidavit, signed by a law enforcement officer, usually accompanies the Complaint. The Affidavit explains the crime committed as well as the role of the accused in that crime. In other words, the Affidavit is used to establish probable cause that the accused committed the crime.

Criminal prosecution typically begins with an arrest by a police officer. 
A police officer may arrest a person if (1) the officer observes the person committing a crime; (2) the officer has probable cause to believe that a crime has been committed by that person; or (3) the officer makes the arrest under the authority of a valid arrest warrant. After the arrest, the police books the suspect. When the police complete the booking process, they place the suspect in custody. If the suspect commited a minor offense, the policy may issue a citation to the suspect with instructions to appear in court at a later date.

Police officers don't need a warrant to make a search "incident to arrest." 
After an arrest, officers have the right to protect themselves by searching for weapons and to protect the legal case against the suspect by searching for evidence that the suspect might try to destroy. Assuming that the officer has probable cause to make the arrest in the first place, a search of the person and the person’s surroundings following the arrest is generally valid, and any evidence uncovered is typically admissible at trial.

All this depends and you need to contact someone.  This is where the heat on the battlefield is.  Most suppression motions are granted dealing with this time and around the time of arrest.

Kentucky Statutes on point when an Officer can arrest.

KRS 431.005 Arrest by peace officers – By private persons 
(1) A peace officer may make an arrest: 
(a) In obedience to a warrant; or 
(b) Without a warrant when a felony is committed in his or her presence; or 
(c) Without a warrant when he or she has probable cause to believe that the person being arrested has committed a felony; or 
(d) Without a warrant when a misdemeanor, as defined in KRS 431.060, has been committed in his or her presence; or 
(e) Without a warrant when a violation of KRS 189.290, 189.393, 189.520, 189.580, 511.080, or 525.070 has been committed in his or her presence, except that a violation of KRS 189A.010 or KRS 281A.210 need not be committed in his or her presence in order to make an arrest without a warrant if the officer has probable cause to believe that the person being arrested has violated KRS 189A.010 or KRS 281A.210; or 
(f) Without a warrant when a violation of KRS 508.030 has occurred in the emergency room of a hospital without the officer’s presence if the officer has probable cause to believe that the person being arrested has violated KRS 508.030. For the purposes of this paragraph, “emergency room” means that portion of a licensed hospital which as the primary purpose of providing emergency medical care, twenty-four (24) hours per day, seven (7) days per week, and three hundred sixty-five (365) days per year. 
(2) (a) Any peace officer may arrest a person without warrant when the peace officer has probable cause to believe that the person has intentionally or wantonly caused physical injury to a family member or member of an unmarried couple. 
(b) For the purposes of this subsection, the term "family member" has the same meaning as set out in KRS 403.720(2). 
(c) For the purpose of this subsection, the term "member of an unmarried couple" has the same meaning as set out in KRS 403.720(4). 
EDITOR’S NOTE: The Kentucky Court of Appeals ruled that “member of an unmarried couple” includes homosexual couples, but not roommates unless engaged in an intimate (i.e., sexual) relationship. Ireland v. Davis, 957 S.W.2d 310 (Ky Ct. App. 1997). 
(3) A peace officer may arrest a person without warrant when the peace officer has probable cause to believe that the person is a sexual offender who has failed to comply with the Kentucky Sex Offender Registry requirements based upon information received from the Law Information Network of Kentucky. 
(4) For purposes of subsections (2) and (3) of this section, a "peace officer" is an officer certified pursuant to KRS 15.380. 
(5) If a law enforcement officer has probable cause to believe that a person has violated a condition of release imposed in accordance with KRS 431.064 and verifies that the alleged violator has notice of the conditions, the officer shall, without a warrant, arrest the alleged violator whether the violation was committed in or outside the presence of the officer. 
(6) A private person may make an arrest when a felony has been committed in fact and he has probable cause to believe that the person being arrested has committed it. 
(7) If a law enforcement officer has probable cause to believe that a person has violated a restraining order issued under KRS 508.155, then the officer shall, without a warrant, arrest the alleged violator whether the violation was committed in or outside the presence of the officer.

KRS 431.015 Citation for misdemeanor – Arrest for certain misdemeanors - Failure to appear 
(1) (a) KRS 431.005 to the contrary notwithstanding, and except as provided in paragraphs (b), (c), and (d) of this subsection, a peace officer shall issue a citation instead of making an arrest for a misdemeanor committed in his or her presence, if there are reasonable grounds to believe that the person being cited will appear to answer the charge. The citation shall provide that the defendant shall appear within a designated time. 
(b) A peace officer may make an arrest instead of issuing a citation for a misdemeanor committed in his or her presence if the misdemeanor is: 
1. A violation of KRS Chapter 508, 510, or 527, or KRS 189A.010; 
2. An offense in which the defendant poses a risk of danger to himself, herself, or another person; or 
3. An offense in which the defendant refuses to follow the peace officer’s reasonable instructions. 
(c) A peace officer shall make an arrest for violations of protective orders issued pursuant to KRS 403.715 to 403.785. 
(d) A peace officer may make an arrest or may issue a citation for a violation of KRS 508.030 which occurs in the emergency room of a hospital pursuant to KRS 431.005(1)(f). 
(2) A peace officer may issue a citation instead of making an arrest for a violation committed in his or her presence but may not make a physical arrest unless there are reasonable grounds to believe that the defendant, if a citation is issued, will not appear at the designated time or unless the offense charged is a violation of KRS 189.223, 189.290, 189.393, 189.520, 189.580, 235.240, 281.600, 511.080, or 525.070 committed in his or her presence or a violation of KRS 189A.010, not committed in his or her presence, for which an arrest without a warrant is permitted under KRS 431.005(1)(e). 
(3) If the defendant fails to appear in response to the citation, or if there are reasonable grounds to believe that he or she will not appear, a complaint may be made before a judge and a warrant shall issue. 
(4) When a physical arrest is made and a citation is issued in relation to the same offense the officer shall mark on the citation, in the place specified for court appearance date, the word “ARRESTED” in lieu of the date of court appearance.

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