What Are the Key Differences Between Aggravated Robbery and Aggravated Burglary?
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What is Considered an Arrest in Mississippi?
Arrests in Mississippi generally refer to taking a person into custody by a law enforcement officer, with or without a warrant, in connection with an alleged crime. Title 99 Chapter 3 of the Mississippi Code Annotated (M.C.A) provides the legal framework for all arrests in the state. Per the law, an arrest occurs when law enforcement restricts a person's movement any day or time to charge them for a crime.
Mississippi's Constitution upholds the same protections as the Fourth Amendment, stating that any arrest must be supported by a valid warrant or probable cause, a reasonable belief of the person's involvement in a crime. The laws protect citizens' rights against unreasonable searches and seizures.
Arrest occurs under different circumstances, linked to specific legal grounds ranging from criminal offenses to violation of court orders. Based on witness confirmation, a person suspected of armed robbery may be taken into custody for a felony criminal offense. An individual who fails to attend a court hearing related to a misdemeanor offense may be apprehended based on a bench warrant. A driver pulled over for reckless driving may be taken into custody for traffic violations after failing society. A person caught yelling inflammatory words in public while intoxicated may be arrested for disorderly conduct and disturbing the peace.
Arrests in Mississippi must follow specific legal procedures to ensure the rights of the individuals and the authority of law enforcement officers. All arrests in Mississippi generally must have the following elements:
- Custody and Control: When someone is arrested, law enforcement takes physical custody of them, restricting their movement. The officers assume control over them.
- Legal Authority: All arrests must be supported by legal authority. The legal authority to restrain and detain an individual comes from warrants as per Section 99-3-1(2)(a)(i) of the M.C.A and warrantless arrest as provided in Section 99-3-7 of the M.C.A.Miranda Rights: Under the Fifth Amendment, Miranda rights are compulsory under arrests before custodial interrogation. The right includes the right to remain silent, the right to an attorney, and the provision of a court-appointed attorney where the arrestee cannot afford one.
- Restraint and Transport: Mississippi law allows restraints to ensure the individual does not escape or threaten the safety of officers or the public. Typically, officers use handcuffs as a medium to restrain arrested persons. After arrests, law enforcement officers convey the arrested individuals to a police station, jail, or detention center in a safe and controlled manner.
- Booking Process: The booking process commences after arriving at the detention center. It involves documenting the arrested individual's information, typically including their personal information, fingerprints, mugshot, and personal belongings at the time of the arrest. It also documents the charges against the arrested persons, the location of the detention center, and bail conditions.
Arrests and detention, often used interchangeably, are distinct legal concepts. Arrests are legal acts where law enforcement takes a person into custody using restraints to formally bring them before the courts to answer for a crime. Arrests, with or without a warrant, must be based on probable cause. Arrests also involve reading Miranda rights. Detention is a temporary holding of a person by law enforcement without formal charges filed. Detention is shorter than arrests and required for investigatory purposes. Detention requires reasonable suspicion rather than probable cause, and Miranda rights are not necessary unless the investigation leads to formal charges.
What is Unlawful Arrest in Mississippi?
An unlawful arrest generally occurs in Mississippi when law enforcement officers take a person into custody without proper legal justification. Where police officers violate the guidelines set out in the Mississippi Code and the U.S. Constitution during arrests, such officers conduct unlawful arrests. The following issues may lead to an unlawful arrest in Mississippi:
- Lack of Probable Cause: An arrest is unlawful if it lacks probable cause. Section 99-3-7 of the M.C.A. emphasizes that officers must have probable cause to arrest. When peace officers arrest a person based on suspicion rather than factual evidence, the arrest becomes unlawful.
- Violation of Constitutional Rights: When law enforcement officers violate a person's constitutional rights during arrests, the arrest is unlawful. The Fourth Amendment protects citizens from unreasonable searches and seizures, while the Fifth Amendment safeguards individuals from self-incrimination. Arresting a person without reading them their rights or using force more than necessary to restrain a suspect constitutes unlawful arrest.
- Arrest Without a Warrant: Generally, arrest requires warrants issued by a judge or magistrate unless the officer witnesses the crime or has probable cause that a felony has been committed per Section 99-3-7 of the M.C.A. Outside this provision, arrests without a warrant or probable cause are illegal.
- Arrest Outside Jurisdiction: Law enforcement officers are authorized to make arrests within their specific jurisdiction unless in pursuit of a suspect who committed a crime within their jurisdiction. Arrests made outside a law enforcement officer's jurisdiction are unlawful unless the officer has special authority or is working in collaboration with other jurisdictions.
- Procedural Violations: When police officers violate procedural laws during arrests, the arrests may be deemed unlawful. Procedural violations include failure to follow the correct process for obtaining warrants or to bring the arrested person before a judge within the required timeframe per Section 99-3-17 of the M.C.A.
Several legal consequences follow unlawful arrests in Mississippi. Any evidence obtained from unlawful arrests is excluded from court proceedings. Per Section 99-15-29 of the M.C.A., any evidence gathered through unconstitutional means, such as unlawful arrests, may be excluded in court because it comes from an illegal arrest. Likewise, unlawful arrest may lead to the dismissal of criminal charges. If the arrest was conducted without probable cause or violated the individual's constitutional rights, the courts may drop the charges against the arrested persons. Persons unlawfully arrested in Mississippi may file a civil rights lawsuit under 42 U.S.C. § 1983 against the law enforcement officers or agency responsible. In addition to civil rights lawsuits, law enforcement officers involved in illegal arrests may face other professional consequences, including suspension, demotion, or termination, depending on the severity of the violation.
Are Arrest Records Public in Mississippi?
Arrest records are public records in Mississippi. Section 25-61-1 et seq of the M.C.A. codified as the Mississippi Public Records Act, establishes public access to most government records, including those held by law enforcement agencies. Generally, all records kept and compiled by law enforcement agencies, including arrest records, are open for inspection and copying, except such records are exempted by law. Mississippi arrest records contain information accessible to the public. They typically include:
- Personal information of the arrested individual
- The arrest details
- The charges filed
- The booking Information
- Bail and detention information
- The court information
While mugshots form part of arrest records in many states, some states restrict access to mugshot information or arrest records to prevent potential misuse that may embarrass the record holder. Nonetheless, mugshots on arrest records in Mississippi are public records. Mugshots are accessible by the public unless they are part of sealed or expunged arrest records.
Notwithstanding the state's position on openness of public records, including arrest records, some arrest records and information on arrest records are not accessible to the public. Arrest records involving minors are not publicly accessible in Mississippi. Arrest records that have been sealed or expunged are not accessible to the public. Also, arrest records related to ongoing investigations are not available to the public. Furthermore, the personal identifying information of arrested individuals is generally kept private to prevent identity theft and unwarranted harm. Consequently, social security numbers, home addresses, medical information, and financial information on arrest records are redacted from the reports.
What are the Types of Arrest Records in Mississippi?
Arrest records in Mississippi may be categorized based on the jurisdiction and agency responsible for them. Arrest records are created at various levels -local, state, and federal- with each agency maintaining different types of arrest records.
At the local level, arrest records are maintained by the local police departments or the county sheriff's office. Police departments and county sheriff's offices keep arrest records within their jurisdiction. Arrest records from the police departments include arrests made within city limits for violations such as traffic offenses and misdemeanor crimes. The county sheriff's office handles arrests occurring outside city limits or within the county jurisdictions. Arrest records from the county sheriff's offices include arrests for violations of state laws, felonies, and civil arrest warrants.
At the state level, arrest records form part of an individual's criminal records. The Mississippi Department of Public Safety (DPS) generally maintains more comprehensive records, which include statewide arrest information. State criminal records typically cover arrests for violations of state laws, repeat offenses, felonies, or more crimes. Criminal records at the state level are from local police departments, sheriff's offices, and state law enforcement agencies.
Where are Arrest Records Kept in Mississippi?
In Mississippi, arrest records are generally kept at different levels, from local police departments to federal agencies, each with specific roles and responsibilities. The following agencies compile and maintain arrest records in the state:
- Local Police Departments and Sheriff's Offices: As the primary source for arrest records in Mississippi, most local police and sheriff's departments also have records divisions responsible for organizing and storing arrests in their jurisdictions.
- The Mississippi Highway Patrol: The Mississippi Highway Patrol is the state law enforcement agency responsible for enforcing laws on highways and interstates. It keeps records of arrests made on state roads.
- >The Mississippi Court System: The courts across Mississippi maintain records of arrests related to criminal proceedings, including information on arrests.
- The Mississippi Department of Public Safety (MDPS): The MDPS maintains a central repository of criminal records, including arrest records, through its Mississippi Criminal Information Center (MCIC). The MCIC records are comprehensive, containing arrests made throughout the state.
- Federal Agencies: Federal law enforcement agencies, like the Federal Bureau of Investigation (FBI), maintain arrest records for federal offenses. The FBI maintains the National Crime Information Center (NCIC), a nationwide repository for criminal records, including arrest and warrant data from Mississippi.
- Correctional Facilities: The Mississippi Department of Corrections (MDOC), alongside the Federal Correctional Institution Yazoo City, maintains records of individuals who have been arrested and incarcerated. The records typically include inmate arrest records, charges, booking information, sentences served, and parole and probation statuses.
How To Find Public Arrest Records in Mississippi?
There are several ways of accessing arrest records in Mississippi. They typically include:
Mississippi Bureau of Investigation
Attn: CIC/Background Checks
3891 Highway 468 West
Pearl, MI 39208
- Local Police Departments and Sheriff's Offices: Obtaining arrest records at the police department or county sheriff's office requires record seekers to contact the records division. Depending on the agency, the arrest records may be accessible in person at the law enforcement agency or by mail requests. In addition, while some police departments and county sheriff's offices provide online access to arrest records, others may provide records request forms on their websites.
- Through the MCIC: The MCIC maintains a central repository of criminal records covering all arrest violations across the state. The MCIC provides an online request tool to obtain criminal background information, which includes arrest reports. Alternatively, record seekers may complete the Authorization to Release Background Information Form to obtain copies of arrest records. It costs $32 to get the record, payable by money order. Mail the completed forms to:
- Through the Courts: Arrest records related to judicial proceedings are accessible through the courts. The Mississippi Judiciary provides access to arrest records through the Mississippi Electronic Courts. Alternatively, record seekers may access the documents by contacting the Clerk of the Courts in the county where the case was handled.
- Third-Party Websites: Third-party websites aggregate public records from various sources, including local and state law enforcement agencies. These platforms generally provide faster access to public records, although they may charge a fee to use their services. Third-party websites, such as RecordsFinder, typically compile data from multiple sources, including local, state, and federal law enforcement agencies, to offer public arrest records. However, records seekers must verify the credibility of information obtained from third-party platforms to ensure completeness and accuracy of the reports received.
How Long Do Arrests Stay on the Record in Mississippi?
Arrest records are permanent in Mississippi. Regardless of the outcomes of arrests, arrest records stay indefinitely on a person's criminal records unless sealed or expunged. Mississippi law does not provide for the automatic erasure of arrest records after a specific time frame. Instead, the records are visible to the public in perpetuity unless the record holder petitions the courts to have the records sealed or wiped off.
How To Seal or Expunge an Arrest Record in Mississippi?
Mississippi law only provides for the expungement of arrest records. Sealing arrest records is unavailable in Mississippi. However, sealing arrest records refers to hiding the record from the public rather than destroying it. The record still exists. Government authorities and law enforcement agencies may access sealed arrest records.
Expungement, on the other hand, destroys the record, making it seem as if the arrest never occurred. Expunging arrest records deletes the criminal records, restoring the individual to their legal status before the arrest.
Mississippi allows for the expungement of certain arrest records under specific conditions. Section 99-15-59 of the M.C.A. permits the expungement of arrest records within 12 months for misdemeanors that did not result in formal charges or prosecution. Likewise, Section 99-19-71 of the M.C.A. permits the expunction of misdemeanor convictions for first-time offenders and felony convictions. Per the law, a person convicted of a felony offense who has completed their sentence and paid all fines may petition the courts for expungement after five years, while misdemeanor convictions may petition the courts after a two-year waiting period. However, certain felony offenses, such as violent crimes, drug trafficking, and sex crimes, are ineligible for expungement under this provision.
The process of expunging arrest records requires gathering relevant documents and filing a formal petition to the clerk of courts in the jurisdiction where the arrest or conviction took place. Felony expungement requires the petitioner to serve the district attorney and the prosecutor with a copy of the petition. The judge may set a hearing date to review the petition, and if satisfied, the judge will grant the expungement. After the expungement order is issued, the arrest record is no longer accessible to the public.
