What portion of the Fifth Amendment applies to the power to arrest?

• A. Due process
• B. Self-incrimination
• C. Grand jury indictment
• D. Double jeopardy

Answer: (A)

Arrest is a deprivation of liberty, so the Fifth Amendment’s due process clause applies to ensure the government acts with fair procedures and a lawful basis for detention. Due process protects individuals from arbitrary or unjust arrests and guarantees they’ll be treated fairly as the case moves forward. While the Fourth Amendment focuses on reasonableness and probable cause in seizures, this question targets the process protections the Fifth Amendment provides. The other protections—self-incrimination, grand jury indictment, and double jeopardy—address different stages or aspects of criminal proceedings and do not directly govern the power to arrest.