Seize (someone) by legal authority and take into custody. To arrest someone is to apprehend that person, sometimes forcibly, in order to bring him to answer for criminal charges, or else to prevent an imminently certain ‘breach of the peace’. The term ‘arrest’ is morally neutral; anyone intentionally deprived of his liberty is thereby arrested, whether for good reason or bad. As a consequence, while one might argue whether or not an apprehended party was lawfully arrested, it would be very much incorrect to say (assuming an unlawful arrest) that the apprehended party was never arrested at all.
Arrest: The act of taking a person into custody by a law enforcement officer, typically for the purpose of charging them with a crime or offense. This may involve the use of physical force or restraint, and the individual may be held in custody until they can appear before a court or other legal authority. Arrests are typically made when there is probable cause to believe that the individual has committed a crime, and are an important tool for maintaining public safety and enforcing the law.
A situation in which the police detain a person in a manner that, to any reasonable person, makes it clear she is not free to leave. A person can be “under arrest” even though the police have not announced it; nor are handcuffs or physical restraint necessary. Questioning an arrested person about her involvement in or knowledge of a crime must be preceded by the Miranda warnings if the police intend to use the answers against the person in a criminal case. If the arrested person chooses to remain silent, the questioning must stop.
- to take into custody
- the act of apprehending (especially apprehending a criminal)
- A check, stop, an act or instance of arresting something.
- The condition of being stopped, standstill.
- legal The process of arresting a criminal, suspect etc.
- A check, stop, an act or instance of arresting something.
- The condition of being stopped, standstill.
- The process of arresting a criminal, suspect etc.
- A confinement, detention, as after an arrest.
- A device to physically arrest motion.
- The judicial detention of a ship to secure a financial claim against its operators.
- Any seizure by power, physical or otherwise.
- A scurfiness of the back part of the hind leg of a horse.
- To stop the motion of (a person or animal).
- To stay, remain.
- To stop or slow (a process, course etc.).
- To seize (someone) with the authority of the law; to take into legal custody.
- To catch the attention of.
v. 1) to take or hold a suspected criminal with legal authority, as by a law enforcement officer. An arrest may be made legally based on a warrant issued by a court after receiving a sworn statement of probable cause to believe there has been a crime committed by this person, for an apparent crime committed in the presence of the arresting officer, or upon probable cause to believe a crime has been committed by that person. Once the arrest has been made, the officer must give the arrestee his/her rights (“Miranda rights”) at the first practical moment, and either cite the person to appear in court or bring him/her in to jail. A person arrested must be brought before a judge for arraignment in a short time (e.g. within two business days), and have his/her bail set. A private “security guard” cannot actually arrest someone except by citizen’s arrest, but can hold someone briefly until a law officer is summoned. A “citizen’s arrest” can be made by any person when a crime has been committed in his/her presence. However, such self-help arrests can lead to lawsuits for “false arrest” if proved to be mistaken, unjustified or involving unnecessary holding. 2) to delay the enforcement of a judgment by a judge while errors in the record are corrected.
An arrest is the process whereby a person is taken into legal custody by a legal authority. You do not have to be handcuffed or physically restrained to be under arrest. You can be arrested if a police officer sees you committing a crime, the officer has probable cause to believe you have committed a crime (evidence needs to exist not just the officer’s hunch), or the police have obtained an arrest warrant from a judge.
After the arrest is the first court appearance, known as the arraignment. At the arraignment the defendant is notified of the charges against them, bail is set, and the court will also notify the defendant of all future proceedings such as the preliminary hearing, pretrial motions and the trial date. Most defendants should talk to a criminal attorney if they have been arrested for a crime. Many criminal lawyers specialize in certain types of crimes. For instance, if you are arrested for drunk driving it is important to talk to a DUI lawyer before making a plea.
An arrest is the act of taking a person into custody by a law enforcement officer or agency, typically for the purpose of charging them with a crime. It involves the physical restraint or detention of an individual, depriving them of their liberty temporarily. The arrest process usually begins with the officer informing the person of their intention to arrest, followed by the use of physical force if necessary. The officer must have probable cause, a reasonable belief that the person has committed a crime, to make a lawful arrest. Once arrested, the person is typically read their Miranda rights, which include the right to remain silent and the right to an attorney. The arrested person may be searched, and any evidence found during the search can be used against them in court. After the arrest, the person is usually taken to a police station or jail, where they may be held until they can be brought before a judge for an initial appearance or arraignment. During this appearance, the judge will inform the person of the charges against them and may set bail or release conditions. It is important to note that an arrest does not imply guilt, and the arrested person is presumed innocent until proven guilty in a court of law.
An arrest is the action of police or other authority, or even in some circumstances a private civilian, to apprehend and take under guard a person who is suspected of committing a crime. The term is Frankish in origin and is related to the French command verb Arrêt, meaning “stop”. In many legal systems, an arrest requires mere verbal information to suspects that they are under arrest on suspicion of a given crime; the laying of hands or restraints upon the person of the suspect is usually not required to effect an official and valid arrest.
Contrary to popular belief, reading of the Miranda warning or similar information to an arrestee is not required upon arrest. It is required only prior to questioning by a detaining authority, and then again only in the US, most Commonwealth and other common law jurisdictions, and other countries where the right to legal counsel, the right to silence, and the right against self-incrimination have been clearly established.
If the crime is serious, the usual procedure followed by police is to take suspects to a police station or a jail where they will be incarcerated pending a judicial bail determination or arraignment hearing. In other instances, the police will issue a notice to appear specifying where a misdemeanor or infraction suspect is to appear for his arraignment.
Ordinarily only human beings can be arrested, but recent and somewhat controversial changes to criminal codes have allowed for the arrest not only of the usual “contraband, evidence, fruits, and instrumentalities” of crime, but also of inanimate objects such as money, automobiles, houses, and other personal property under asset forfeiture.
Q: What is an arrest? A: An arrest is the act of taking a person into custody by legal authority, typically in response to a criminal offense. Q: What are my rights if I am arrested? A: If you are arrested, you have the right to remain silent, the right to an attorney, and the right to be informed of the charges against you. Q: What should I do if I am arrested? A: If you are arrested, it is important to remain calm and cooperate with law enforcement. You should also exercise your right to remain silent and request an attorney. Q: How long can I be held after being arrested? A: The length of time you can be held after being arrested varies depending on the circumstances and the laws of the jurisdiction. In some cases, you may be released on bail or bond, while in others, you may be held until your court appearance. Q: Can I be arrested without a warrant? A: In some cases, law enforcement officers can make an arrest without a warrant if they have probable cause to believe that a crime has been committed. However, there are limitations to when and how this can be done. Q: Can I be arrested for a misdemeanour? A: Yes, you can be arrested for a misdemeanour offense if law enforcement has probable cause to believe that you have committed the crime. Q: Can I be arrested for a traffic violation? A: In some cases, a traffic violation can lead to an arrest, especially if the violation is serious or if there are other factors involved, such as driving under the influence. Q: Can I be arrested for a non-violent offense? A: Yes, you can be arrested for a non-violent offense if law enforcement has probable cause to believe that you have committed the crime.
DismissThis site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 29th March, 2024.
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