ASIS International (ASIS) Professional Certified Investigator Practice Exam

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What must police do under the McNabb Mallory Rule after an arrest?

Immediately interrogate without delay
Ensure the arrested person can communicate
File charges within 48 hours
Notify the media of the arrest

The correct answer is: Ensure the arrested person can communicate

Under the McNabb-Mallory Rule, after an arrest, law enforcement must ensure that the arrested individual has the opportunity to communicate with legal counsel or family members. This rule emphasizes the importance of the right to counsel as guaranteed by law and aims to protect the rights of the individual who has been arrested. Effective communication is crucial because it allows the arrested person to seek legal advice, understand their rights, and prepare any necessary defenses. This guideline upholds the fairness of the legal process and prevents any potential abuses of power by ensuring that individuals are not isolated after arrest, which could lead to coercive interrogation tactics or violations of their rights. In this context, facilitating communication must be balanced with procedural requirements after an arrest, but the McNabb-Mallory Rule specifically highlights the need for ensuring that the arrested person can reach out to legal counsel or family, reinforcing the principles of justice and individual rights.