arrest

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For more information on arrest, visit Britannica.com.

verb

1. To prevent the occurrence or continuation of a movement, action, or operation: belay, cease, check, discontinue, halt, stall, stay, stop, surcease. Idioms: bring to a standstill, call a halt to, put a stop to. See continue/stop/pause.
2. To come to a cessation: belay, cease, check, discontinue, halt, leave off, quit, stall, stop, surcease. Idioms: come to ahaltstandstillstop. See continue/stop/pause.
3. To take into custody as a prisoner: apprehend, seize. Informal nab, pick up. Slang bust, collar, pinch, run in. See law.
4. To compel, as the attention, interest, or imagination, of: catch up, enthrall, fascinate, grip, hold, mesmerize, rivet, spellbind, transfix. Slang grab. See excite/bore/interest.

noun

A seizing and holding by law: apprehension, seizure. Slang bust, collar, pickup, pinch. See law.

Definition: slowing or stopping
Antonyms: activation, encouragement, freeing, letting go, release

v

Definition: fascinate
Antonyms: be ignored, be passed over

v

Definition: stop or slow
Antonyms: activate, encourage, let go, release

An arrest occurs when a public officer acting under legal authority detains an individual to answer for a criminal offense. Historically, arrests were also made in connection with civil cases: a court might order a citizen apprehended to ensure that he or she fulfilled a contractual obligation. In modern times, however, a deprivation of physical liberty is usually justified only as an instrument of criminal law enforcement.

Statutes typically authorize federal and state law enforcement officers to arrest suspects and, concomitantly, set limits on that authority. In some jurisdictions, for example, the police are only empowered to make arrests for serious offenses, not for nonviolent misdemeanors or traffic offenses punishable by a fine. More often, legislatures authorize arrests in any circumstance that the Constitution allows officers to take suspects into custody.

The Fourth Amendment to the Constitution guarantees "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures" and bars the issuance of warrants "but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." The meaning of that language is not self-evident. Accordingly, the Supreme Court has fashioned a body of more precise doctrines to implement the Fourth Amendment's fundamental principles. Many of these doctrines bear on police authority to make an arrest.

Although the term "arrest" does not appear in the Fourth Amendment explicitly, the Supreme Court has declined to hold, on that basis alone, that the Fourth Amendment has no application to arrests. The amendment addresses both "searches" and "seizures." The Court has interpreted "seizures" to refer both to the confiscation of property and to the apprehension of persons. An arrest, by the Court's account, is a "seizure of the person." This much of the Court's work is not controversial. The police must have some authority to make arrests in order to enforce criminal law effectively. Yet an arrest necessarily entails an extraordinary encroachment on individual liberty. It is expected that the Constitution's demand that any arrests the police make must be reasonable restraints on citizens' freedom of movement.

The Fourth Amendment sometimes imposes the same, or similar, restrictions on the authority of the police to search, on the one hand, and their authority to arrest, on the other. For example, the police can conduct a search only if they have probable cause to believe particular evidence will be found. Similarly, the police can make an arrest only if they have probable cause to believe a person has committed or is committing a criminal offense. Yet the rules governing searches do not always apply to arrests. The general rule for searches is that the police cannot routinely rely on their own judgment regarding the existence of probable cause. Whenever there is time, they must explain to a magistrate why they think they will discover evidence in the place they wish to search. The magistrate, in turn, will issue a warrant authorizing the officers to proceed if, in his or her judgment, the facts and circumstances establish probable cause. In the case of an arrest, by contrast, the police can usually proceed on the basis of their own determination of probable cause.

Ideally, it would be better if both searches and arrests were made only after a magistrate concludes that probable cause exists and issues a warrant. Police officers are engaged in detecting crime and apprehending perpetrators. They may believe they have sufficient cause for invading a suspect's privacy or depriving him or her of liberty. But their judgment may be clouded by zeal. Judges are detached from the law enforcement mission, and comparatively neutral. Thus, their judgment may be more reliable. The reason for the distinct treatment of searches and arrests is pragmatic. In the case of a search, the Court has concluded that the value of a judicial determination of probable cause outweighs the costs of requiring police officers to postpone action until they have procured a warrant. A search can typically be delayed without undermining its purpose. The suspect is often unaware that the police intend to conduct a search, and thus, while police take their case to a magistrate, incriminating evidence would not be removed. In the case of an arrest, by contrast, the Court has concluded that delay can jeopardize public safety. The police may need to capture a suspect caught in the act or attempting to flee. If they delay action obtaining a warrant from a magistrate, the suspect may abscond. Accordingly, officers can rely on their own determination of probable cause and make an arrest without benefit of a warrant issued by a judge. This reasoning is not perfectly symmetrical. The usual rule requiring a warrant for a search is subject to exceptions for exigent circumstances. If there is no time to go to a judge before conducting a search, the police typically may proceed on the basis of their own judgment regarding probable cause. There is no mirror-image rule that the police must obtain a warrant to make an arrest when there is time to do so. In the case of an arrest, the Supreme Court has decided that police need a clear rule on which to rely, one subject to no exceptions and requiring additional judgment in the field. That they usually need an arrest warrant is a rule that serves this purpose.

Any significant interference with a person's freedom of movement is a seizure that must be justified in light of the Fourth Amendment. But not every seizure is an arrest implicating the particular Fourth Amendment standard pertaining to arrests: the requirement of probable cause. If the police only stop a person on the street for a brief period, their actions are subject to a different and less rigorous test. The police do not need probable cause to believe that a person has committed or is committing an offense. They need only reasonable suspicion that a crime is in progress. The difference between probable cause and reasonable suspicion is elusive. It is clear, however, that the latter is less demanding. It follows that police may stop a person for a short time on the basis of facts and circumstances that would not justify an arrest.

This distinction has important practical consequences. The Supreme Court has held that police may conduct searches incident to both arrests and "stops." A search incident to an arrest can be extremely thorough. The suspect is about to be transported to a police station for the initiation of a criminal prosecution. The Court has held that the additional intrusion associated with an incidental search for evidence is minimal by comparison. A search incident to an investigative stop, however, must be more limited. By hypothesis, the suspect will be in the officer's presence only temporarily. The point of a search incident to a stop is not to look for evidence that might be incriminating, but rather to safeguard the officer during the encounter. Accordingly, the officer may only "frisk" (pat down) a person's outer clothing to determine whether he or she has a weapon and may reach inside the person's clothing only if the officer feels something that could be a dangerous instrument.

The Supreme Court has held that evidence obtained by means of an invalid stop or arrest usually must be excluded if and when the person is charged and brought to trial. The rationale of the "exclusionary rule" is that police must be discouraged from disregarding Fourth Amendment limits on their authority. If they know that evidence discovered during an invalid stop or arrest will be inadmissible, they will have an incentive to behave properly (and thus to secure evidence that can be used to prove a suspect's guilt). Accordingly, if the police obtain incriminating evidence when they search a person they have detained, it is crucial to determine whether the original seizure of that person was a stop or an arrest. If it was a stop, the evidence will be admissible at trial as long as the police took action on the basis of reasonable suspicion. If it was an arrest, the evidence will be admissible only if the police took action on the basis of probable cause.

Bibliography

LaFave, Wayne R. Search and Seizure: A Treatise on the Fourth Amendment. Rev. ed. St. Paul, Minn.: West, 1996.

—Larry Yackle

v.t.

Formally to detain one accused of unusualness.

    God made the world in six days and was arrested on the seventh.
                                              The Unauthorized Version

LearnThatWord.com is a free vocabulary and spelling program where you only pay for results!

If one is being arrested in a dream, it could be a reflection of feeling guilty about something one has done or something one would like to do. As a metaphor, it can mean a process that has been cut off prematurely, as in the expression "arrested development."

Sudden cessation or stoppage.

• cardiac a. — sudden and often unexpected stoppage of effective heart action. Either the periodic impulses which trigger the coordinated heart muscle contractions cease or ventricular fibrillation or flutter occurs in which the individual muscle fibers have a rapid irregular twitching.
• epiphyseal a. — premature arrest of the longitudinal growth of bone due to fusion of the epiphysis and diaphysis.
• maturation a. — interruption of the process of development, as of blood cells, before the final stage is reached.
• sinoatrial a. — a disturbance in cardiac conduction in which the sinoatrial node intermittently fails to generate an impulse. There are no P waves or PQRS-T complexes for at least twice the normal R-R interval. If the pauses are long enough, junctional or ventricular escape complexes may occur. Occurs most commonly in brachycephalic dogs, causing only minor clinical signs.

• Laws, Procedures, and Court Proceedings - arrest: restraint or detention of person by legal authority
• Police Procedures and Detection - arrest: (vb) lawfully detain suspect; (n) act of apprehending and detaining suspect; bust

For other uses, see Arrest (disambiguation).

Lucy Parsons after her arrest for rioting during an unemployment protest at Hull House in Chicago, Illinois. 1915

Arrested men in Rio de Janeiro.

An arrest is the act of depriving a person of his or her liberty usually in relation to the purported investigation and prevention of crime and presenting (the arrestee) into the criminal justice system. The term is Anglo-Norman in origin and is related to the French word arrêt, meaning "stop".

The word 'arrest' when used in its ordinary and natural sense, means the apprehension or restraint of a person, or the deprivation of a person's liberty. The question whether the person is under arrest or not depends not on the legality of the arrest, but on whether the person has been deprived of personal liberty of movement. When used in the legal sense in the procedure connected with criminal offences, an arrest consists in the taking into custody of another person under authority empowered by law, to be held or detained to answer a criminal charge or to prevent the commission of a criminal or further offence. The essential elements to constitute an arrest in the above sense are that there must be an intent to arrest under the authority, accompanied by a seizure or detention of the person in the manner known to law, which is so understood by the person arrested

Directorate of Enforcement v Deepak Mahajan, (1994) 3 SCC 440 at ¶46 (SC of India)).

Police and various other bodies have powers of arrest. In some places, the power is more general; for example in England and Wales—with the notable exception of the Monarch, the head of state—any person can arrest "anyone whom he has reasonable grounds for suspecting to be committing, have committed or be guilty of committing an indictable offence", although certain conditions must be met before taking such action.^[1]

Article 9 of the Universal Declaration of Human Rights states that, "No one shall be subjected to arbitrary arrest, detention or exile."

Contents 1 Etymology 2 Procedure 2.1 United States 2.2 India 3 Powers of arrest 3.1 United Kingdom 3.1.1 England and Wales 3.1.2 Northern Ireland 3.1.3 Scotland 3.1.3.1 Arrest with a warrant 3.1.3.2 Arrest without a warrant 3.1.3.3 Various individuals with powers of arrest within England/Wales 3.2 United States 4 Warnings on arrest 4.1 United States 4.2 United Kingdom 5 Search on arrest 5.1 United Kingdom 5.1.1 England and Wales 6 Non-criminal arrests 6.1 United States 7 Following arrest 8 See also 9 References 10 External links

Etymology

This section requires expansion.

The word "Arrest" is Anglo-Norman in origin, derived from the French word arrêt meaning 'to stop or stay' and signifies a restraint of a person. Lexicologically, the meaning of the word arrest is given in various dictionaries depending upon the circumstances in which word is used. There are numerous slang terms for being arrested throughout the world. In British slang terminology, the term "nicked" is often synonymous with being arrested, and "nick" can also refer to a police station, and the term "pinched" is also common.^[2] In the United States and France the term "collared" is sometimes used.^[3] The term "lifted" is also heard on occasion.^[4]

Procedure

United States

When there exists probable cause to believe that a person has committed a serious crime, the police typically handcuff an arrested person, who will be held in a police station or jail pending a judicial bail determination or an arraignment.

India

According to Indian law, no formality is needed during the procedure of arrest.^[5] The arrest can be made by a citizen, a police officer or a Magistrate. The police officer needs to inform the person being arrested the full particulars of the person's offence and that he is entitled to be released on bail if the offence fits the criteria for being bailable.^[6]

Powers of arrest

United Kingdom

England and Wales

Arrests under English law fall into two general categories - with and without a warrant - and then into more specific subcategories. Regardless of what power a person is arrested under, they must be informed:^[7]

• that they are under arrest (as soon as is practicable after the arrest), and
• of the ground for the arrest (at the time of, or as soon as is practicable after, the arrest),

otherwise, the arrest is unlawful.^[7] An arrest is still lawful even if the subject escapes custody before the fact he/she is under arrest and the grounds can be explained to him.

Northern Ireland

Scotland

Arrest with a warrant

A justice of the peace can issue warrants to arrest suspects and witnesses.

Arrest without a warrant

Main article: Powers of the police in England and Wales#Arrest without warrant

There are four subcategories of arrest without warrant:

• under the provisions of section 24 of the Police and Criminal Evidence Act 1984 (PACE), which only applies to constables,
• under the provisions of section 24A of PACE, applies to those who are not constables,
• the power to arrest for a breach of the peace at common law, which applies to everyone (constable or not), and
• the powers to arrest otherwise than for an offence, which apply to constables only.

Various individuals with powers of arrest within England/Wales

United States

United States law recognizes the common law arrest under various jurisdictions.^[8]

Warnings on arrest

United States

See also: Miranda warning

A Miranda warning is required only when a person has been taken into custody (i.e. is not free to leave) and is being interrogated. This warning tells the detainee that they have the right to be silent, the right to have counsel present during questioning, and warns them that whatever they say can be used against them. Based on Miranda v. Arizona, police now must inform the detainee of his Miranda Rights.

United Kingdom

See also: Right to silence in England and Wales

In the United Kingdom a person must be told that he is under arrest,^[9] and "told in simple, non-technical language that he could understand, the essential legal and factual grounds for his arrest".^[10] A person must be 'cautioned' when being arrested or subject to a criminal prosecution procedure unless this is impractical due to the behaviour of the arrestee i.e. violence or drunkenness. The caution required in England and Wales states,

You do not have to say anything, but it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.^[11]

Deviation from this accepted form is permitted provided that the same information is conveyed.

Search on arrest

United Kingdom

England and Wales

Main article: Powers of the police in England and Wales#People or vehicles

Non-criminal arrests

United States

Breach of a court order can be civil contempt of court, and a warrant for the person's arrest may be issued. Some court orders contain authority for a police officer to make an arrest without further order.

If a legislature lacks a quorum, many jurisdictions allow the members present the power to order a call of the house, which orders the arrest of the members who are not present. A member arrested is brought to the body's chamber to achieve a quorum. The member arrested does not face prosecution, but may be required to pay a fine to the legislative body.

Only human beings can be arrested; things and money may be sued, confiscated, or forfeited.

Following arrest

While an arrest will not necessarily lead to a criminal conviction, it may nonetheless in some jurisdictions have serious ramifications such as absence from work, social stigma, and in some cases, the legal obligation to disclose an arrest when a person applies for a job, a loan or a professional license. In the United States, a person who was not found guilty after an arrest can remove his arrest record through an expungement or (in California) a finding of factual innocence. A legal action is sometimes filed against the government for wrongful arrest. A foreign citizen arrested anywhere in the world for drug-related suspicions can not use the Visa Waiver Program for visits to the USA.

These collateral consequences are more severe in the United States than in the UK, where arrests without conviction do not appear in standard criminal record checks and need not be disclosed.

See also

Wikimedia Commons has media related to: Arrest

• Surety
• Citizen's arrest (or any person arrest)
• Individuals with powers of arrest
• House arrest
• Remand of a suspect
• Arrestable offence (obsolete term in UK law)
• Law enforcement agency
• Nightwalker Statute
• Resisting arrest
• Pre-dawn raid
• Police and Criminal Evidence Act 1984
• Arbitrary arrest and detention
• False arrest

References

1. ^ section 24a, Police and Criminal Evidence Act 1984
2. ^ Partridge, Eric and Paul BealeA dictionary of slang and unconventional English, p. 790, 886.
3. ^ Hérail, René James and Edwin A. Lovatt, Dictionary of Modern Colloquial French, p. 194.
4. ^ Partridge, Eric and Paul BealeA dictionary of slang and unconventional English, p. 681.
5. ^ "Indian Kanoon - Shri D.K. Basu,Ashok K. Johri vs State Of West Bengal,State Of U.P". IndianKanoon.org. http://indiankanoon.org/doc/501198/. Retrieved 12 September 2011. 
6. ^ Chapter V, Code of Criminal Procedure
7. ^ ^{a b} section 28, Police and Criminal Evidence Act 1984
8. ^ Katz, Jason M. (2003). "Atwater v. Lago Vista: Buckle-Up or Get Locked-Up: Warrantless Arrests for Fine-Only Misdemeanors Under the Fourth Amendment". Akron Law Review (University of Akron School of Law) 36 (3): 496–498. http://www.uakron.edu/law/lawreview/v36/docs/katz36.3.pdf. 
9. ^ Police and Criminal Evidence Act 1984, section 28.
10. ^ Taylor v Thames Valley Police [2004] EWCA Civ 858, [2004] 1 WLR 3155, [2004] 3 All ER 503 (6 July 2004), Court of Appeal
11. ^ Code C to the Police and Criminal Evidence Act 1984, para. 10.5.

External links

• Directgov Being stopped, questioned or arrested by the police (Directgov, England and Wales)

v t e Criminal procedure (investigation) Criminal investigation Arrest warrant Search warrant Probable cause Knock-and-announce Exigent circumstance Reasonable suspicion Search and seizure Search of persons Arrest Detention Right to silence Miranda warning Suspect Criminal prosecution Statute of limitations Nolle prosequi Bill of attainder Grand jury Ex post facto law Criminal jurisdiction Deferred prosecution agreement Extradition Habeas corpus Bail Inquisitorial system Adversarial system Charges and pleas Alford plea Arraignment Information Indictment Plea Peremptory plea Nolo contendere Plea bargain Presentence Investigation Related areas Criminal defenses Criminal law Evidence Legal abuse Criminal justice portal Law portal Wiktionary Wikibooks Wikiquote WikiSource Wikimedia Commons Wikinews Wikiversity

This entry is from Wikipedia, the leading user-contributed encyclopedia. It may not have been reviewed by professional editors (see full disclaimer)

Common misspelling(s) of arrested

• erested

Dansk (Danish)
v. tr. - anholde, arrestere, pågribe
v. intr. - sidde i fængsel
n. - arrestation, anholdelse

idioms:

• arrest of judgement    udsættelse af dom, tilbageholdelse af dom
• place under arrest    arrestere
• under arrest    under arrest

Nederlands (Dutch)
arresteren, in hechtenis nemen, enteren, tegenhouden, stopzetten, iemands aandacht trekken, aanhouding, arrest(atie), stilstand

Français (French)
v. tr. - arrêter qn, appréhender, retenir, attirer, arrêter (la croissance, le développement), entraver, retarder, (Méd) enrayer (une maladie)
v. intr. - arrêter, empêcher, faire un arrêt cardiaque
n. - arrestation, pénitence, (Mil) arrêts (npl), (Jur) suspension d'exécution

idioms:

• arrest of judgement    (Jur) prononcer une suspension d'exécution de jugement
• place under arrest    placer en état d'arrestation
• under arrest    (être) en état d'arrestation

Deutsch (German)
v. - zum Stillstand bringen, verhaften
n. - Verhaftung

idioms:

• arrest of judgement    (jur.) Aussetzung des Verfahrens
• place under arrest    in Haft nehmen
• under arrest    in Gewahrsam

Ελληνική (Greek)
v. - συλλαμβάνω, πιάνω, αναχαιτίζω, βάζω κάτω από έλεγχο, κοντρολάρω, σταματώ, τραβώ την προσοχή ή το ενδιαφέρον, προσελκύω, (καθομ.) υφίσταμαι καρδιακή προσβολή
n. - σύλληψη, κράτηση, αναχαίτιση, έλεγχος, διακοπή, αναστολή, παύση, ανακοπή, (καρδιακή) προσβολή

idioms:

• arrest of judgement    (νομ.) αναστολή εκτέλεσης δικαστικής απόφασης
• place under arrest    θέτω υπό κράτηση, συλλαμβάνω
• under arrest    (νομ.) υπό κράτηση

Italiano (Italian)
arrestare, interrompere, fermare, impedire, catturare, arresto

idioms:

• arrest of judgement    sospensione del processo
• cardiac arrest    arresto cardiaco
• place under arrest    arrestare
• under arrest    in stato di arresto

Português (Portuguese)
v. - deter, capturar, aprisionar, reprimir
n. - apreensão (f), detenção (f), suspensão (f), parada (f), batente (m) (Téc.), prisão

idioms:

• arrest of judgement    suspensão de julgamento
• cardiac arrest    parada (f) cardíaca (Med.)
• place under arrest    ordenar detenção
• under arrest    sob detenção

Русский (Russian)
арестовывать, задерживать, остановить, арест, остановка

idioms:

• arrest of judgement    приостановка исполнения
• cardiac arrest    остановка сердца
• place under arrest    арестовать
• under arrest    арестован

Español (Spanish)
v. tr. - detener, parar, retener, arrestar, detención, arresto, paro
v. intr. - detenerse, pararse
n. - detención, arresto, paro

idioms:

• arrest of judgement    aplazamiento de la sentencia
• place under arrest    detener, poner bajo arresto
• under arrest    detenido

Svenska (Swedish)
v. - anhålla, hejda, fängsla
n. - anhållande, arrestering, avbrott

中文（简体）(Chinese (Simplified))
逮捕, 阻止, 制止, 拘留, 吸引, 被逮捕, 遏止, 制动器

idioms:

• arrest of judgement    暂不判决, 延期判决
• place under arrest    被捕
• under arrest    被逮捕

中文（繁體）(Chinese (Traditional))
v. tr. - 逮捕, 阻止, 制止, 拘留, 吸引
v. intr. - 被逮捕
n. - 逮捕, 阻止, 遏止, 拘留, 制動器

idioms:

• arrest of judgement    暫不判決, 延期判決
• place under arrest    被捕
• under arrest    被逮捕

한국어 (Korean)
v. tr. - 체포하다, 막다, 끌다
v. intr. - 체포되다, 막다, 끌다
n. - 체포, 포박, 정지

idioms:

• under arrest    구금하여

日本語 (Japanese)
v. - 逮捕する, 止める, 引く
n. - 逮捕, 止めること, 阻止

idioms:

• arrest of judgement    判決の阻止
• citizen's arrest    市民逮捕

العربيه (Arabic)
‏(فعل) يوقف, يعتقل, يلقي القبض على (الاسم) توقيف, اعتقال, صد, القا القبض‏

עברית (Hebrew)
v. tr. - ‮עצר, אסר, עיכב, משך (שימת-לב)‬
v. intr. - ‮נעצר, נאסר, עוכב‬
n. - ‮מאסר, מעצר, עיכוב לבדיקה‬

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