• As the United States, the Netherlands has a very specific set of procedures that are to be followed during an arrest. If these procedures are not strictly adhered to, the criminal may have cause to have their charges dropped. Everything from the reasons for stopping a suspect, reasons to use force, decisions about arrest and the methods used to gain information -- such as a confession or other details about a crime -- are clearly outlined by the government in the Netherlands.
  
  

Reasons to Stop a Suspect

• Dutch police are allowed to stop and question anyone believed to be involved in a crime. However, the suspect is allowed to be stopped for only six hours before they must be either released or charged with a crime, although this can be extended to 48 hours by a prosecutor if evidence is being gathered or examined. In order to arrest a suspect, the police officer must actually witness the crime taking place. Arrests can be made without the police officer having witnessed the crime only if the crime carries a sentence of four or more years. For less-serious offenses, suspects are given a summons, which provides a time and date to learn when they will appear before the court for a hearing.
  
  

Use of Force

• As Dutch police officers carry a baton and a firearm, use of force is strictly defined by Dutch law. One instance in which the officer is always allowed to use force is in either self defense or the defense of the public. As each individual has a "guaranteed right to physical integrity" as defined by the Constitution of the Netherlands, only appropriate force may be used in each situation. As each situation is unique, there is some degree of discretion given to the police officer, although force is to be preceded by a verbal warning that force is about to be used, and only in cases where some other means cannot be used to improve the situation.
  
  

Decision for Arrest

• Arrests can be made either by a senior police officer, who is an officer at the management level of Inspector, or -- in the case of a suspect not leaving a home or allowing police entry -- with an arrest warrant. The decision for or against an arrest is complex only in less-serious cases. Arrest is not necessary or allowed for first-time offenders in less-serious crimes.
  
  

Search and Seizure

• Police may search the area where a crime takes place or the home of a suspect when the officer witnesses the crime taking place. Search warrants are necessary when the crime is not witnessed and the suspects do not grant permission to search their home. In the case of a search warrant, a judge, police commissioner or mayor of the municipality must be present at the time of the search. Seizure is allowed of any items during a legal search that will aid in the establishment of truth or criminal activity.
  
  

Confession

• As confessions can be obtained during arrest, the procedure for obtaining a confession is also strictly defined. No confession will be admissible if not given voluntarily. Use of force, threats and promises are not allowed when obtaining confessions. The use of drugs, alcohol, hypnosis or exhaustion is also not allowed. The confession may be obtained during the six-hour period that police hold the suspect, during which time the suspect does not have a right to an attorney. After arrest, the suspect does have a right to an attorney. The withholding of a lawyer can negatively impact the validity of a confession in court.