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A person is "under arrest" when a police officer charges them with a crime and chooses to take them to the police station to be processed for it. For example, if someone commits a crime, they are technically under arrest when a police officer witnesses the crime or has a warrant for the arrest and tells the criminal "You are under arrest." Typical procedure after this is to put handcuffs on the criminal and read them their Miranda rights (you have the right to remain silent etc). Handcuffs alone do not mean arrest, but i'm pretty sure its illegal for a police officer to handcuff someone without grounds to arrest them.
As a side note, the person doing the arrest does not have to be a sworn in police officer. In Citizen's arrest cases, anyone with arresting powers like a bounty hunter can also place someone under arrest.
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What is the definition of being arrested?
The law enforcement officer has to tell you that you are under arrest and they have to read you the Miranda Rights. If they have not told you that you are under arrest, they can simply have you "detained". If they have not told you that you are under arrest, and you are not in handcuffs, you are free to go.
When a person is under arrest what happens when they are arraigned?
The person appears in court and enters a plea to the charges. The defense attorney usually requests the person charged be released on bail or as an OR; the prosecutor may or may not object to the action, the judge decides whether the person will be released until trial or remain in jail until trial.
When can you exercise your fifth amendment?
If under investigation or arrest for any offense in which you may be questioned or asked to give a statement which might tend to incriminate you.
What was Rosa parks arrest number?
Arrest # 7053
Which country does democratic leader Aung San Suu Kyi belong to who has been placed under virtual house arrest by the military ruler of the country?
Burma
