The intentional deprivation,
whether actual or constructive, of a person’s freedom by legal authorities
using forcible restraint, seizure, or otherwise taking the individual into
custody, especially in response to a warrant or a suspicion based on probable
cause that the person being arrested has committed a crime. The person making
the arrest must have the present power to control the person being arrested.
Furthermore, the intent to make an arrest must be communicated to the
individual who is being detained and that person must understand that the
seizure or detention is an intentional arrest. See also privilege
An arrest made by a private individual rather than by a law
enforcement officer. Such arrests are lawful only if 1) an offense was
committed in the presence of the person making the arrest, or 2) the person
making the arrest has reasonable cause to believe that the person arrested has
committed a felony.
An arrest made by a person who falsely claims to be a law
enforcement officer or by a law enforcement officer who has no legal grounds
for making an arrest. See also false imprisonment
An arrest made without probable cause and for an improper purpose.
- An arrest made
with knowledge that the person arrested did not commit the crime he is charged
with. See also malicious
An arrest ordered by a judge or magistrate while presiding over
a court proceeding. Such an arrest is done without a written complaint and is
executed immediately, for example, an arrest of a person in a courtroom who has
been found in contempt of court.
A valid arrest made for a minor offense with the intent to hold
the person in custody while investigating his involvement in a more serious
offense for which there is yet no lawful grounds to arrest the suspect.
An arrest made in a public place without a warrant that is based
on either the probable cause that the person committed a felony or the person
committing a misdemeanor in the law enforcement officer’s presence.