What Are the Key Differences Between Aggravated Robbery and Aggravated Burglary?
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What is Considered an Arrest in Rhode Island?
Rhode Island generally defines arrest as the restraint of an individual by a peace officer because the accused is suspected of committing or is about to commit a crime. As per general statutes, 12-7-1, the peace officer may detain individuals who fail to identify themselves and explain their actions satisfactorily. Detention should not typically exceed two hours, but they do not have to be recorded in any official record. During arrest, no greater restraint is needed to detain the person. Unreasonable force is generally restricted according to state and federal law.
According to state law, a police officer has the right to apprehend individuals if they have probable cause to believe that a crime has been committed, or they may do so following a warrant for the arrest of the person. To that end, the law enforcement officer does not risk litigation for false arrest, if there was probable cause or enforcement in good faith of a court order. Aside from warrants of arrest, the following are some of the crimes in which law enforcement officers may execute an arrest.
- Petty theft
- Disorderly conduct or public indecency
- Operating a vehicle under the influence of alcohol or mind-altering substances
- Traffic violations
- Possession of narcotics
- Assault with or without a weapon
- Domestic violence
Following the arrest, the person goes through a process that ends in court appearances and a trial. These are generally elaborated below.
Custody and Control
Custody happens following arrest, where the individual is deprived of their freedom temporarily. Officers may use appropriate force to restrain the suspect, which should not be unreasonable under the circumstances.
Legal Authority
A peace officer in Rhode Island may arrest a person with or without a warrant. Warrants are generally orders to take a person into custody following a complaint of their alleged criminal actions. The warrant is to be implemented by any officer authorized by the law. It is the same case with summons, as these will be in the same form, except that the defendant is encouraged to appear before a judge at a stated time and place. Officers may also arrest an individual if they have reasonable cause to believe that the individual is committing or has already committed a misdemeanor.
Miranda rights
Miranda rights are issued to persons in the state when they have been taken into custody. It entails the right to remain silent, retain the services of an attorney, and have the opportunity to have one appointed if there is none available. Though it is recommended that law enforcement officers issue Miranda rights upon arrest, it is not mandatory. The case will not be dismissed if the Miranda rights are not read. However, statements admitted during custodial interrogations may be dismissed if Miranda is not issued.
Restraint and Transport
Officers in Rhode Island are permitted to use a reasonable amount of force to apprehend a person. If the person resists or flees the scene, the police officer may use sufficient force to detain them. They are, however, not allowed to use excessive force when arresting someone who has not shown signs of resistance. Following the arrest, officers are typically required to transport the individual to the police department of the sheriff's office up to the time of their arraignment or if bail is posted.
Booking Process
The booking process happens immediately after a suspect arrives at the police department. It generally involves taking the person's details and recording them as part of the system. The accused person's fingerprints and photographs are assigned to their record. Their property is also taken, and a background check is implemented to determine if there are outstanding warrants in their name. They also undergo a medical screening to assess whether they may interact with other inmates or have urgent medical requirements. The suspect has the right to contact an attorney or family member.
There is a distinction between detention and arrest, though. An arrest occurs when a person is taken into custody and formally charged with a crime. They will be taken in front of a judge to answer for their crime. Afterward, they are typically brought before a judge to respond to the charges. In contrast, detention generally involves temporarily restricting a person's movements, typically for only a few hours.
What is Unlawful Arrest in Rhode Island?
Rhode Island statute, Chapter 12-7-14 generally indicates that false arrest or imprisonment is where a person is taken into custody even if they did not engage in the crime. It is also when someone is held in custody without probable cause. However, it is illegal to resist arrest by a law enforcement officer even if the accused believes that the arrest is not lawful. Resisting arrest in Rhode Island is, in fact, a misdemeanor that may result in a fine or a year in jail. There are different ways in which unlawful arrest may occur in Rhode Island:
Lack of Probable Cause
An officer of the law in Rhode Island must have probable cause that a person has committed a crime for them to initiate an arrest. Lack of probable cause constitutes unlawful arrest, especially if there is no warrant.
Violation of Constitutional Rights
The Fourth Amendment of the nation's constitution protects all citizens from unreasonable search and seizure. This means law enforcement must get a warrant beforehand. The warrant will generally specify the individual’s name, their property, and the reason for the search. If these details are not present, and the officers proceed to search for evidence of a crime, it constitutes an unlawful arrest.
Arrest Without a Warrant
Arrests are made when an officer has probable cause to confirm that a person has committed a crime. A warrant must also be present. If these elements are not available, the accused is being arrested for no reason, which is against the law.
Mistaken Identity
Mistaken identity generally occurs when a law enforcement officer accidentally apprehends a person who did not commit the crime because they look like the accused or have similar names. Depending on the argument used by the law enforcement officer, the person may be liable to litigation or prosecution or not.
Racial Profiling and Discrimination
Racial discrimination goes against the policies and federal laws that guide law enforcement in the country. General statutes 31-21-2 generally ban racial profiling by the police, so they cannot use ethnicity, gender, or race as the basis for arresting a person.
Arrest Outside Jurisdiction
Generally, Rhode Island enforcement officers are not authorized to arrest people operating outside their jurisdiction. However, according to general laws on 45-42-2, police departments may have a mutual aid agreement with other agencies outside their area of operation.
Consequences of Unlawful Arrest
Unlawful arrest may be detrimental to the state's citizens and law enforcement authorities, as it undermines the trust between them. If unlawful arrest is proven, it may result in disciplinary action against the officer via administrative leave or criminal prosecution.
Are Arrest Records Public in Rhode Island?
According to the Access to Public Records Act, arrest records may be accessed. That means any interested party may request this information from the relevant record custodians in the state. However, law enforcement agencies may opt to withhold particular information if it means it will compromise investigations. Some of the personal information that is considered public in arrest records typically includes the following
- Personal identifiers, including name, date of birth, and address
- Physical attributes like height, weight, age, gender and race
- Arresting police officer and agency
- Date and time of the arrest
- Mugshot
- Charges filed
Due to the nature of the information in the report, some arrest records may not be available to every requester. Records involving minors or juveniles, ongoing criminal investigations, and domestic abuse may be restricted from public view. The same applies to sealed records.
What are the Types of Arrest Records in Rhode Island?
Rhode Island arrest records may be grouped at the local and state levels. When individuals are detained and processed at the local level, their information becomes part of the department database. At the state level, arrests are made by relevant agencies, though the records may be stored by both the departments and the Bureau of Criminal Identification and Investigation.
Where are Arrest Records Kept in Rhode Island?
Interested parties may obtain arrest records from the following agencies at both the local and state levels:
Local Police Departments and Sheriff's Offices
The local police or sheriff's office is generally the first stop when one wants to access arrest records. Upon apprehension, information is stored on local databases, which are available to interested parties upon request. It would be advisable, though, to contact the police department or county sheriff's office where the arrest took place.
Rhode Island State Police
The state police generally maintains a repository of criminal backgrounds and arrest records that are accessible to interested parties. However, some records may be restricted due to their content, especially if they involve juveniles or ongoing criminal investigations.
Rhode Island Attorney General's Office
The Bureau of Criminal Identification, which operates under the state attorney general's office, handles these requests. It typically involves criminal background checks instead of just arrest records, generally making it a more comprehensive database.
How To Find Public Arrest Records in Rhode Island?
The following are different ways of accessing public arrest record copies in Rhode Island.
Request Information from Local Police and County Sheriff's Offices
Before visiting the local police or county sheriff's office, confirm if it is the agency that arrested the individual. It is also advisable to call their offices in advance to ascertain the records requirements. Typically, they may provide the records via mail or in person. Interested parties may complete the form depending on the county or town, and then submit it along with identifying materials, typically including their driver's license or passport, along with the required fee for the record request.
Request Records from the State Police
Requests for records may be mailed to the legal office at the state police headquarters. Generally, interested parties are not required to provide identification for the reasons why they seek the records if those records are public. Parties may download the request form and fill it out where necessary. They will also provide their photo ID or passport. The required fee for requests is $15.
Request from the Attorney General's Office
Requesters may also request a background check in person at the Attorney General's office. To do so, they must provide their photo identification and the fee of $15. Interested parties may also seek these records via the attorney general's office by submitting an Access to Public Records Act online request.
How Long Do Arrests Stay on the Record in Rhode Island?
Depending on the circumstance, records may be sealed or expunged in Rhode Island. Juvenile offenders turning 18 may get their records sealed to be publicly inaccessible. If the person was acquitted and there are no pending criminal charges, a waiting period of one year is required. Rhode Island generally considers anyone seeking to expunge criminal records a first offender. It also requires that the crime must not be a crime of violence to be expunged. Provided it satisfies these requirements, one is eligible for expungement of a misdemeanor after five years from the completion of the sentence. A felony offense has a waiting period of 10 years from the date of the sentence completion.
How To Seal or Expunge an Arrest Record in Rhode Island?
Anyone who meet the eligibility conditions of records expungement may file a motion in the court where the conviction occurred, as long as they do not have any pending criminal charges. The courts will generally review the motion and refer to victims' testimonies and restitution records before making the decision.
