It is not required that the arresting officer tell the subject that he or she is under arrest for the arrest to be valid under the Fourth Amendment.

Question

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The Supreme Court has held that it is not necessary for an officer to use any particular words or follow any specific ritual in order to effectuate a lawful arrest under the Fourth Amendment. As long as the officer intends to make an arrest and the suspect is not free to leave, the arrest is valid. However, it may be good practice for officers to inform suspects that they are under arrest to avoid any confusion or potential for resistance.

It Is Not Required That the Arresting Officer Tell the Subject