Legal Definitions - lawful arrest

A lawful arrest occurs when a person is taken into custody by a law enforcement officer or other authorized individual in a manner that fully complies with all applicable legal requirements and procedures. This typically means the arrest is supported by probable cause (a reasonable belief that a crime has been committed and the person to be arrested committed it), and is carried out either with a valid arrest warrant or under circumstances that permit a warrantless arrest (such as a crime committed in the officer's presence or exigent circumstances).

• Example 1: Arrest with a Warrant
  Detectives investigating a series of burglaries gather sufficient evidence to identify a suspect. They present this evidence to a judge, who reviews it and issues an arrest warrant for the individual. The detectives then locate the suspect at their workplace and, presenting the warrant, take them into custody.

  Explanation: This is a lawful arrest because the officers acted under the authority of a valid court-issued arrest warrant, which legally authorizes them to take the named individual into custody based on a judicial finding of probable cause.

• Example 2: Crime Committed in Officer's Presence
  A police officer is directing traffic at a busy intersection when they observe a driver run a red light, narrowly avoiding a collision with another vehicle. The officer immediately pulls over the offending driver and arrests them for the traffic violation.

  Explanation: This arrest is lawful because the officer directly witnessed the commission of a crime (the traffic violation). This direct observation provides immediate probable cause, allowing for a warrantless arrest.

• Example 3: Probable Cause Developed at a Scene
  Officers respond to a report of a hit-and-run accident. Upon arrival, they find a damaged car and a witness who provides a detailed description of the fleeing vehicle and its driver. A few blocks away, they locate a vehicle matching the description with fresh damage and a driver who appears to be under the influence of alcohol. Based on the witness statement, the matching vehicle, and the driver's impaired state, the officers arrest the driver for driving under the influence and leaving the scene of an accident.

  Explanation: This constitutes a lawful arrest because the officers developed probable cause through their on-scene investigation (witness testimony, matching vehicle, observable impairment) to believe that a crime had been committed and that the arrested individual was responsible, even though they did not directly witness the accident itself.