Your Rights During an Arrest in Missouri

Being placed under arrest is one of the most jarring and intimidating moments a person can face. The weight of the government’s power, the presence of law enforcement, and the uncertainty of what happens next can leave even the calmest individual shaken and confused. But amid the tension and fear, it is crucial to remember this: you have rights. These rights are guaranteed by both the United States Constitution and the Missouri Constitution, and they serve as vital protections during every stage of an arrest.

At Scrivner Law Firm, our mission is to defend and uphold those rights. Our founding attorney, Dayrell L. Scrivner, is a former prosecutor who now uses his deep knowledge of criminal law and procedure to advocate for individuals accused of crimes throughout Missouri. With over three decades of experience on both sides of the courtroom, Mr. Scrivner understands the strategies prosecutors use—and how to counter them effectively.

The Arrest Process in Missouri: An Overview

An arrest in Missouri occurs when law enforcement takes an individual into custody based on probable cause, a valid warrant, or the observance of a crime being committed. Once arrested, the individual is no longer free to leave and must submit to the legal authority of the officer or agency.

Probable Cause and Arrests Without a Warrant

Under Missouri law, officers can make an arrest without a warrant if they have probable cause to believe that a felony has been committed—even if they did not personally witness the crime. For misdemeanors, however, the offense typically must occur in the officer’s presence unless specifically authorized by statute.

Expanded Constitutional Rights During an Arrest

The Constitution provides an essential framework of protections designed to preserve individual liberty and ensure fairness. These rights are not theoretical—they are enforceable in court and can determine whether charges are dropped, confessions suppressed, or trials avoided altogether.

Let’s explore these rights in depth.

1. The Fourth Amendment: Freedom from Unreasonable Searches and Seizures

The Fourth Amendment to the U.S. Constitution protects individuals from unreasonable searches and seizures. This fundamental right means that law enforcement officers cannot search you, your belongings, or your home without a valid warrant, unless a recognized exception applies.

In Katz v. United States, 389 U.S. 347 (1967), the Supreme Court established the “reasonable expectation of privacy” standard. This means your person, home, and private effects are protected unless the government demonstrates a valid exception or obtains a warrant based on probable cause.

Exceptions to the Warrant Requirement Include:

• Search Incident to Arrest: Once lawfully arrested, officers may search your person and immediate surroundings.
  
• Exigent Circumstances: If evidence may be destroyed or someone may be harmed, police can enter without a warrant.
  
• Automobile Exception: Police may search a vehicle without a warrant if there is probable cause to believe it contains evidence of a crime.
  
• Consent: You may voluntarily allow a search, but you are under no obligation to do so.

If you are arrested and evidence is gathered during an illegal search, that evidence may be excluded through the “exclusionary rule” established in Mapp v. Ohio, 367 U.S. 643 (1961).

2. The Fifth Amendment: Protection Against Self-Incrimination

The Fifth Amendment protects you from being compelled to testify against yourself. This includes both verbal confessions and non-verbal actions that could be interpreted as admissions of guilt.

The seminal case Miranda v. Arizona, 384 U.S. 436 (1966), requires that law enforcement read you your rights before any custodial interrogation begins. These include:

• The right to remain silent;
  
• The warning that anything you say can and will be used against you in a court of law;
  
• The right to an attorney;
  
• The right to a court-appointed attorney if you cannot afford one.

If officers fail to provide a Miranda warning before questioning, any statement you make may be deemed inadmissible. However, spontaneous statements made without prompting may still be used.

It’s essential to clearly assert your right to remain silent. A passive refusal is not enough. Say the words: “I am invoking my right to remain silent and I want an attorney.”

3. The Sixth Amendment: Right to Legal Counsel

The Sixth Amendment guarantees the right to counsel during any critical stage of a criminal proceeding. This includes interrogations, lineups, arraignments, plea negotiations, and trial.

The right to counsel becomes active once formal proceedings are initiated, typically by indictment or arraignment. However, even before this, you are entitled to speak with an attorney and have one present during questioning.

In Gideon v. Wainwright, 372 U.S. 335 (1963), the Court held that the government must provide an attorney for defendants who cannot afford one. In Missouri, public defenders serve this role for eligible individuals, although the system can be overwhelmed and underfunded.

The presence of an attorney can prevent inadvertent self-incrimination, protect your rights, and help build a defense strategy from the beginning.

4. The Eighth Amendment: Protection Against Excessive Bail and Cruel Punishment

Although it arises later in the process, the Eighth Amendment’s protections begin shortly after arrest. You are entitled to reasonable bail unless you are considered a flight risk or a danger to the community.

Bail practices in Missouri vary by county, but excessive bail can be challenged. In Stack v. Boyle, 342 U.S. 1 (1951), the Supreme Court emphasized that bail must be individualized and not set higher than necessary to ensure appearance in court.

Additionally, conditions of confinement must meet constitutional standards. Physical abuse, denial of medical care, or excessive force by police or jail staff may violate your Eighth Amendment rights.

5. The Fourteenth Amendment: Due Process and Equal Protection

The Fourteenth Amendment extends federal constitutional protections to state-level arrests and prosecutions. You are entitled to due process of law, meaning fair procedures, notice of charges, and the opportunity to be heard.

The Fourteenth Amendment also guarantees equal protection under the law. This has been the basis of numerous challenges to racially biased enforcement practices, discriminatory sentencing, and unequal access to justice.

Frequently Misunderstood Aspects of Arrest Rights

“If I didn’t get my Miranda rights, my case is dismissed.”

Not always. Miranda applies to custodial interrogations—not the arrest itself. If officers never question you, they may not need to Mirandize you. However, any post-arrest statements made without proper warnings may be suppressed.

“I can talk my way out of it if I explain.”

This is a dangerous misconception. The overwhelming majority of incriminating evidence comes from voluntary statements made by arrestees. Anything you say—even if meant innocently—can be used against you later. Silence is your best protection.

The Dangers of Talking to Police Without a Lawyer

One of the most common and costly mistakes arrestees make is choosing to speak with law enforcement without legal representation. Police are legally allowed to use deception during interrogations. They may:

• Imply that silence looks guilty.
  
• Falsely claim to have evidence.
  
• Pretend to be sympathetic or “just trying to help.”

Without a lawyer, you’re at a severe disadvantage. An attorney can help:

• Prevent leading or manipulative questions;
  
• Ensure that your rights are respected;
  
• Begin building a defense immediately.

Real-World Case Examples

Missouri v. Seibert (2004)

In this U.S. Supreme Court case, Missouri officers intentionally withheld Miranda warnings during initial questioning, obtained a confession, then provided the warnings and had the suspect repeat her statements. The Court ruled this “question first” strategy violated constitutional protections, emphasizing the importance of timing and intent in Miranda procedures.

State v. Werner, 9 S.W.3d 590 (Mo. 2000)

In this case, the Missouri Supreme Court ruled that failure to comply with Miranda rights warranted suppression of the defendant’s confession, significantly weakening the prosecution’s case. It reaffirmed the critical role of constitutional safeguards in Missouri criminal proceedings.

What to Do If You Are Arrested in Missouri

1. Stay Calm and Respectful
   Avoid physical resistance, threats, or insults. These actions may lead to additional charges or escalate the situation dangerously.
   
2. Clearly Assert Your Rights
   Say, “I wish to remain silent and I want a lawyer.” Repeat this phrase if questioning continues.
   
3. Do Not Consent to Searches
   Unless presented with a warrant, politely but firmly state that you do not consent to any search of your person, vehicle, or property.
   
4. Write Down or Memorize Details
   Try to remember names, badge numbers, patrol car numbers, or anything else relevant to your arrest. These details may prove crucial later.
   
5. Contact Scrivner Law Firm
   Call us as soon as you can. Time is critical, and early intervention often makes a substantial difference.

How Scrivner Law Firm Protects You

With over 30 years of experience and a background in both prosecution and defense, Dayrell L. Scrivner understands the tactics used by police and prosecutors, and how to neutralize them. Whether you’ve been accused of a misdemeanor or a serious felony, we provide relentless advocacy and comprehensive legal support.

At Scrivner Law Firm, we don’t treat you like a case number. We take the time to understand your situation, explain your rights, and build a strategic defense tailored to your needs. Every client deserves dignity, and every defendant deserves the full protection of the law.