Legal Definitions - arrest

An arrest occurs when law enforcement officers legally take a person into custody, thereby restricting their freedom of movement. This action is typically taken because the officers believe the individual has committed a crime or is about to commit one, with the ultimate goal of bringing them before a court to address the charges.

An arrest can happen in a couple of ways:

• With a Warrant: Most commonly, an arrest is made based on an arrest warrant. This is a formal order issued by a judge after reviewing evidence presented by law enforcement and determining there is sufficient probable cause—a reasonable belief that a crime has been committed by the person named. The warrant then authorizes officers to apprehend that specific individual for the stated crime.
• Without a Warrant: In certain urgent situations, officers may make an arrest without a warrant. This is permissible only if they have probable cause (a reasonable belief, based on specific facts and information, that the person has committed or is about to commit a crime) AND there are also exigent circumstances. Exigent circumstances refer to immediate, pressing situations that require swift action, such as preventing a suspect from escaping, stopping them from destroying evidence, or intervening in an ongoing crime or threat to public safety.

When someone is arrested without a warrant, they are legally entitled to a prompt review by a judge, usually within 48 hours, to determine if there was sufficient probable cause for the arrest. Regardless of whether a warrant was used, an arrest triggers specific legal procedures, such as the requirement for officers to inform the person of their rights (known as Miranda Warnings).

Here are some examples illustrating different scenarios of an arrest:

• Example 1: Arrest with a Warrant

  A detective spends several months investigating a complex case of identity theft, meticulously gathering evidence such as fraudulent bank transfers, forged documents, and witness testimonies. After compiling a comprehensive report, the detective presents the evidence to a prosecutor, who then applies to a judge for an arrest warrant. The judge reviews the evidence and, finding sufficient probable cause, issues the warrant for Ms. Eleanor Vance. Police officers then locate Ms. Vance at her workplace, present her with the warrant, and take her into custody.

  Explanation: This illustrates an arrest made with a warrant. The judge's prior review of the evidence established probable cause, legally authorizing law enforcement to deprive Ms. Vance of her freedom and bring her before the court to face charges.

• Example 2: Warrantless Arrest for an Ongoing Crime

  A police officer is patrolling a residential street late at night and observes a person, Mr. David Miller, attempting to force open the back door of a house with a crowbar. The officer immediately pulls over, exits their vehicle, and, after identifying themselves, orders Mr. Miller to drop the tool. Mr. Miller complies, and the officer places him under arrest for attempted burglary.

  Explanation: This is a warrantless arrest. The officer had probable cause because they directly witnessed Mr. Miller committing a crime (attempted burglary). The exigent circumstance was the ongoing nature of the crime and the need to prevent its completion, justifying immediate action without waiting for a warrant.

• Example 3: Warrantless Arrest to Prevent Escape or Harm

  During a busy street festival, two individuals, Mr. Alex Kim and Ms. Sarah Lee, get into a heated argument that quickly escalates into a physical fight. Mr. Kim pulls out a small knife and lunges at Ms. Lee. A nearby police officer, witnessing the assault and the immediate danger, intervenes, disarms Mr. Kim, and places him under arrest to prevent further harm and ensure public safety.

  Explanation: This is another example of a warrantless arrest. The officer had probable cause by directly observing Mr. Kim committing an assault with a weapon. The exigent circumstances were the immediate threat to Ms. Lee's safety and the need to prevent further violence in a public setting, requiring the officer to act instantly without obtaining a warrant.