Your rights if you are arrested
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; that the accused shall enjoy the right to a speedy and public trial by an impartial jury; that neither excessive bail or excessive fines will be imposed; and that 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. It is 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 which issued the warrant. A law enforcement officer must have a warrant for your arrest unless one of the following circumstances exists:
- The officer has reasonable ground to believe that a warrant for your 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 you cannot afford a lawyer, one will be appointed for you), 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.
© Illinois State Bar Association
If you have questions about the application of the law in a particular case, consult your lawyer. The law is constantly changing. Information on this site or any site to which we link does not constitute legal advice.