Business, Legal & Accounting Glossary
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.
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.
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.
The police have arrested a suspect in the murder inquiry.
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.
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This glossary post was last updated: 26th November, 2021 | 0 Views.