The basic rights of a citizen under arrest are stated in the Fifth, Sixth and Eighth Amendments of the "Bill of Rights" in the U.S. Constitution. Many of these provisions are also in the Illinois Constitution.

The amendments state clearly that:

• No person in a criminal case shall be a witness against him or herself, nor be deprived of life, liberty or property, without due process of law
• The accused shall enjoy the right to a speedy and public trial by an impartial jury
• Neither excessive bail nor excessive fines will be imposed
• And cruel and unusual punishments will not be inflicted

Any law enforcement officer can make an arrest, usually with a warrant but sometimes without one. A warrant is an order describing the person to be arrested and the charge made. Warrants are issued by a judge or magistrate when a complaint has been made, and it directs law enforcement officers to arrest a certain person and bring the person before the court that issued the warrant. A law enforcement officer must have a warrant for arrest unless one of the following circumstances exists:

• The officer has reasonable ground to believe that a warrant for arrest has been issued in the state or in another jurisdiction
• You committed or attempted to commit a crime in the presence of the officer
• The officer has reasonable grounds to believe that a crime has been committed and that you are the person who did it

The police must inform a person being arrested of the charge against him or her, and if the police proceed to ask questions, the suspect should be informed of the right to remain silent; the right that anything you say can be held against you; the right to have legal counsel (if a lawyer cannot be afforded, one will be appointed), and the right to have a lawyer present during a police interrogation before any questioning can begin. A police officer or anyone else cannot legally force you to answer questions or sign any papers (if threats persist, and you are forced to give incriminating evidence, you can prevent its use against you in court).

Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.