Being Arrested
Conn. Gen. Stat. § 54-1b — counsel, the right to say nothing, and a statement can be used against you
Peace officers arrest without a warrant any person taken in the act, or on the speedy information of others, for an offense in their jurisdiction. State and local police arrest without a warrant anyone they have reasonable grounds to believe has committed or is committing a felony. A person arrested without a warrant is presented with reasonable promptness before proper authority.
Who handles this in Connecticut: legal aid programs and the state offices, listed in the Connecticut directory.
At the police department, the person is promptly advised of the rights in the arraignment statute and of the right to an interview about the terms of release. Counsel may be present at that interview if the person asks, and nothing said in it about release is admissible against the person over the incident.
- At arraignment before the Superior Court, a judge tells the accused that they have a right to counsel, a right to refuse to make any statement, and that any statement may be introduced in evidence against them.
- Each accused is allowed a reasonable opportunity to consult counsel.
- A statement obtained from an accused who was not presented at the first session of the court, or not told those rights, is inadmissible.
Several rules about an arrest come from the Supreme Court of the United States rather than from this state's code. It has held that before questioning a person in custody, officers must warn that the person may remain silent, that anything said can be used against them, and that they have a right to a lawyer, appointed if they cannot afford one; that a person arrested without a warrant is entitled to a prompt decision by a judge on whether there was probable cause; and that officers generally need a warrant to search the data on a phone taken from a person they arrested. Those holdings are a floor: a state's own constitution and statutes can give more protection than they do, never less.
Sources for this section (7)
- Conn. Gen. Stat. § 54-1f — (Formerly Sec. 6-49). Arrest without warrant. Pursuit outside precincts
- Conn. Gen. Stat. § 54-1b — Arraignment of prisoner. Advice as to rights
- Conn. Gen. Stat. § 54-1c — Admissibility of confession
- Conn. Gen. Stat. § 54-63c — Duties of law enforcement officer or probation officer serving warrant re arrested person. Interview and release of arrested person
- Miranda v. Arizona, 384 U.S. 436 (1966) — Right to remain silent and to counsel during custodial interrogation
- County of Riverside v. McLaughlin, 500 U.S. 44 (1991) — Probable cause review generally within 48 hours of a warrantless arrest
- Riley v. California, 573 U.S. 373 (2014) — Police need a warrant to search a phone seized during an arrest
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Connecticut attorney.