Federal marshals are law enforcement personnel that work under the United States Marshals Service or USMS. It is their job to ensure that the judicial system is followed. There are certain procedures that are followed by federal marshals and officers when they arrest suspects. These procedures must be followed in order for the arrest to be valid. For serious offenses, the suspect will be handcuffed and then will be brought to the security station until the case is determined. The suspect may be released with bail or stay in jail until an arraignment.
Federal marshals can be present in different circumstances. Their duty locations can be in courtrooms, bodyguards for personalities and more. Some of the responsibilities of federal marshals include arresting fugitives, protecting witnesses in court hearings, transferring prisoners from one location to another and supervising the assets and items that are collected from crime scenes.
Here are the procedures on how federal marshals arrest suspects:
- How a suspect is arrested. The federal marshal can arrest a suspect by taking hold of the suspect and uttering the words ‘you are under arrest’. Handcuffs may also be put on the suspect if the situation requires it. In some cases, federal marshals can apply force on the suspect to be able to stop the suspect from committing an offense or if the suspect struggles. The federal marshal is trained to use force against suspects when it is the only way they could arrest the person. In court, it will be decided if the federal marshal used force under practical circumstances.
- Suspect’s rights. The federal marshal will then tell the suspect his rights. These are: the right to remain silent, the right to have a relative or a friend know about the arrest that took place and the right to consult or speak with a criminal defense lawyer. When the suspect does not speak the local language, he will also have the right to have an interpreter. Anything that is said by the suspect after the arrest can be used against him in court and is included in criminal records. Also, the telephone call that can be made by the suspect must be done without anyone hearing.
- Reasons for arrest. Another important thing that the federal marshal must tell the suspect the reason for the arrest. This must be said even if the reason is obvious. Sometimes, federal marshals make mistakes of arresting people for crimes that they did not commit. This situation can have two outcomes. When the suspect is released, he may take civil action against the marshal when a wrongful arrest is made. This can only be done when the federal marshal did not act lawfully during the arrest and it affects the records of the officer.
These are the procedures on how federal marshals arrest suspects. Federal marshals arrest thousands of fugitives each year. They are in charge of the subpoenas, writs, warrants and summonses that are issued. They are equipped with a Glock 40 caliber and may also carry another backup weapon chosen by them. A lot of these federal marshals die while they are on duty.