Arrest Definition

An arrest occurs when a legal authority takes someone into custody or control. Typically, the people with this legal authority are police officers, parole officers, probation officers, and some government officials. Questions about how to arrest someone and what makes an arrest Constitutional form the basis of much of criminal law and criminal procedure and all of criminal justice.

Federal, state, and local authorities may have different administrative procedures after an arrest. What happens after an arrest can also depend on the suspected crime. However, all suspects have certain rights, such as the right to hear the Miranda warning that reminds you of the right to remain silent.

Law enforcement officers need evidence of criminal activity or a warrant to arrest you, or it will be an unlawful or false arrest. If you have been arrested, you should contact a criminal defense attorney right away. The less you wait, the better the chances of you being able to use flaws in the arrest to your advantage.

Understanding Arrests

There are three main circumstances where you can be arrested:

• An officer saw you commit a crime or breach of the peace
• There is probable cause that you committed a crime
• An officer has a warrant for your arrest

Police can’t just arrest people for no reason, though sometimes they get the wrong person and must later release them. Arrests can happen without an arrest warrant (called a “warrantless arrest”) in certain circumstances.

What Is a Citizen’s Arrest?

Anyone can make a citizen’s arrest, but you need to be careful not to make a mistake and arrest the wrong person or for no reason. Doing so can lead to liability, as the person detained can sue you for false imprisonment. To protect yourself, you need to be close enough to see the crime and safely detain the person, then contact the police immediately to hand the person over to police custody. Calling the police if you suspect a crime or criminal offense is happening is most often the safest choice.

You can make a private arrest if a crime happens on your private property by keeping the person there until police arrive. This is more common at businesses and compounds with private security. Security guards are hired staff with no rights to make a legal arrest. Still, they can detain you with a citizen’s arrest if they contact law enforcement immediately.

If the arrestee is underage, it may be called a juvenile arrest. Arrests can also be defined by the crime involved. For example, an “indictable arrest” is for serious felonies, but a less serious misdemeanor might be called a “summary arrest.”

Police Officer Procedure for Arresting Someone

The police must have a warrant, see you commit a crime, or have a good reason to suspect you of a crime to make an arrest. There are also some exceptions if the situation constitutes what’s called “exigent circumstances.” After they detain you they will put you in handcuffs and tell you the Miranda warning. Remember that resisting arrest is an additional criminal charge you can face if you decide to fight back or run away from authorities.

Then they will take you to the police station where you will be “processed,” which includes identifying you and looking up any prior legal records.

Typically, you will then wait in jail until your initial court appearance, at which time you may be able to make bail. From there, you can speak to your attorney and will eventually be notified of the criminal charges against you.

An arrest does not necessarily mean you will be taken to jail, however. For some lesser offenses, you will be processed at the police precinct and then given a court date to return.

Fourth Amendment Rights

The Fourth Amendment details your rights not to be searched or arrested without reason. It also prevents warrants for your arrest without probable cause. The Supreme Court has made final rulings on unlawful arrests and other arrest litigation when people feel their rights are not being upheld.

The rights and reasonable beliefs of an arresting officer under the “totality of the circumstances” standard are always open to interpretion. If you believe that there were Constitutional flaws in the manner in which you were arrested, contact an experienced criminal defense lawyer right away.