Being arrested by the police is undoubtedly a stressful and scary situation. The statistics provided paint a sobering picture – while the chances of being killed during an arrest are extremely low, there is still a risk, especially if one resists arrest. At the same time, our fundamental Constitutional rights provide crucial protections during the arrest and legal process (Harmon). Considering both the pragmatic risks and the legal safeguards, I believe the wisest course of action is to comply fully with the arresting officers while availing oneself of the robust due process rights enshrined in the 4th, 5th, 6th, and 8th Amendments.
The 4th Amendment protects against “unreasonable searches and seizures” by requiring warrants based on probable cause, as well as mandating that warrants particularly describe “the place to be searched, and the persons or things to be seized.” While exceptions exist for certain difficult circumstances, this Amendment serves as an important bulwark against arbitrary detention or searches by law enforcement (Sow). If I were arrested, I would responsibly invoke my 4th Amendment rights by questioning the grounds for my arrest and any searches of my person or property.
Perhaps most crucially, the 5th Amendment guarantees that no person shall “be deprived of life, liberty, or property, without due process of law.” It also famously establishes the rights against self-incrimination and double jeopardy. During any police questioning after an arrest, I would unequivocally exercise my 5th Amendment privilege against self-incrimination by remaining silent and requesting legal counsel (Harmon). The 5th Amendment protection against double jeopardy would also be vital to ensure I could not be tried twice for the same alleged crime.
Building on the 5th Amendment, the 6th Amendment enshrines the rights “to a speedy and public trial,” to be informed of the “nature and cause of the accusation,” to confront adverse witnesses, to have “compulsory process for obtaining witnesses” in one’s favor, and to have “the Assistance of Counsel for his defense.” In the aftermath of an arrest, I would firmly invoke all these 6th Amendment rights – demanding to be promptly informed of the charges against me, to question any prosecution witnesses, to call favorable witnesses, and above all, to be represented by legal counsel throughout the judicial process.
Finally, the 8th Amendment prohibits “excessive bail” and “cruel and unusual punishments.” If bail were set after my arrest, I would seek to have that bail evaluated under the 8th Amendment’s criteria to ensure it is not unconstitutionally excessive, given my circumstances and the charges. The 8th Amendment would also protect me from any criminal sentences qualifying as “cruel and unusual” under the law.
Taken together, while being arrested is innately stressful, we are extremely fortunate to have the due process protections laid out in the 4th, 5th, 6th, and 8th Amendments as a legal bulwark. By calmly complying with the arresting officers, I could maximize the chances of a safe arrest while stringently invoking all these crucial Constitutional rights against unreasonable search and seizure, self-incrimination, lack of due process, excessive bail, and cruel punishments (Sow). While frustrating, the wisest path is to avoid any resistance and instead conscientiously rely on the due process amendments to protect one’s liberties and secure a full and fair judicial process.
Resisting arrest, as the data shows, comes with substantive risks that simply are not worth taking when our legal system provides such robust protections if one avails themselves of their Constitutional rights. The chances of being unjustly convicted with effective legal counsel invoking those rights are minimal compared to the risks of escalating a confrontation with law enforcement (Sow). The founding fathers had the foresight to enshrine due process at the core of our legal system – we must take full advantage of those safeguards rather than recklessly endangering ourselves and others through resistance.
In conclusion, my plan, if ever arrested, would be to cooperate with the officers, comply with all instructions fully, but also immediately and unflinchingly invoke my 4th Amendment rights against unreasonable search and seizure, my 5th Amendment rights against self-incrimination and deprivation of due process, my 6th Amendment rights to legal counsel and a fair trial, and my 8th Amendment rights against excessive bail or cruel punishments. I would make it clear that I wish to answer questions only after I have conferred with an attorney. While such a situation would undoubtedly be nerve-wracking, by calmly submitting to arrest while simultaneously demanding all my Constitutional protections, I would maximize my chances of a just, legally sound outcome to the process. Our due process rights exist.
Works Cited
Harmon, Rachel A. “Why arrest.” Mich. L. Rev. 115 (2016): 307.
Sow, Marissa Jackson. “Protect and serve.” Cal. L. Rev. 110 (2022): 743.
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