What must a peace officer do when arresting an individual?

When a peace officer arrests an individual, it is essential for them to inform the person of their rights, commonly referred to as Miranda rights. This requirement stems from the U.S. Supreme Court case Miranda v. Arizona, which established that individuals must be made aware of their rights to remain silent and to have legal counsel present during questioning. The purpose of informing individuals of their rights is to protect their Fifth Amendment right against self-incrimination and to ensure they are aware of their right to an attorney, promoting fair treatment under the law.

While searching for weapons is a common practice for officer safety, it occurs after the arrest has been made and is contingent upon reasonable suspicion of immediate danger. Excluding witnesses from the scene isn't a standard legal requirement in the arrest process, as it could infringe upon the rights of bystanders. Additionally, using physical force without warning is not an acceptable practice unless there is an imminent threat to the officer or others. Therefore, correctly following the protocol for informing the individual of their rights is critical for ensuring that the arrest is lawful and that the rights of the individual are upheld.