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Someone Facing Arrest in America

If you or someone close to you is taken into custody, the Constitution sets a floor no police station can lower. These are the provisions that apply the moment someone is detained.

Descriptive, not legal advice · the founding documents' own words

No unreasonable searches or seizures, and warrants only upon probable cause. This governs the stop, the search, and the arrest itself.

No one may be compelled to be a witness against themselves, tried twice for the same offense, or deprived of liberty without due process of law.

A speedy and public trial, an impartial jury, notice of the accusation, the right to confront witnesses, and the assistance of counsel.

No excessive bail, no excessive fines, and no cruel and unusual punishment.

The writ of habeas corpus may not be suspended except in cases of rebellion or invasion, the ancient check against being held without a reason a court will hear.

The honest caveatThis page describes constitutional provisions; it is not legal advice and does not cover the specific arrest, bail, or detention statutes that may apply. For an actual arrest, contact a lawyer immediately.
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