Legal Definitions - arrester

Arrester

An arrester is an individual who takes another person into custody, typically under legal authority, due to a suspected violation of the law or a court order.

Here are some examples:

• Example 1: A police officer observes a driver speeding excessively and driving erratically. After pulling the vehicle over, the officer determines the driver is intoxicated and places them under arrest for driving under the influence.
• Explanation: In this scenario, the police officer is the arrester because they are exercising their legal authority to take the intoxicated driver into custody for a suspected crime.
• Example 2: A store security guard witnesses a person attempting to leave the store with unpaid merchandise. Following company policy and local laws that grant security personnel limited arrest powers for shoplifting on premises, the guard detains the individual until local police arrive.
• Explanation: The security guard acts as the arrester by physically restraining and holding the suspected shoplifter, operating within specific legal parameters often granted to private security in such situations.
• Example 3: A private citizen sees someone breaking into their neighbor's house. Knowing that a felony is being committed, and fearing the perpetrator might escape before police arrive, the citizen intervenes and physically detains the intruder until law enforcement can take over.
• Explanation: This citizen, by detaining the intruder for a felony committed in their presence, is performing a "citizen's arrest" and thus acts as the arrester, exercising a limited legal right available in many jurisdictions.