arrest

arrest,

in law, seizure and detention of a person, either to bring him before a court body or official, or to otherwise secure the administration of the law. A person may be arrested for an alleged violation of civil or criminal law. Civil arrest is most often used when one has been guilty of civil contemptcontempt,
in law, interference with the functioning of a legislature or court. In its narrow and more usual sense, contempt refers to the despising of the authority, justice, or dignity of a court.
..... Click the link for more information. of court; but in some states of the United States it is also allowed in cases where it is feared the defendant may attempt to flee the court's jurisdiction or otherwise frustrate justice. Arrest is ordinarily accomplished by a warrantwarrant,
in law, written order by an official of a court directed to an officer. The search warrant and the warrant of arrest are the most frequently used types. Warrants of attachment order the seizure of a defendant's goods pending trial or judicial determination of ownership
..... Click the link for more information. issued by a court or officer of justice. In civil arrest a warrant must always be issued and generally anyone named may not be apprehended on Sundays or legal holidays. There are no time restrictions on making a criminal arrest. Any person may make such an arrest without a warrant if a felonyfelony
, any grave crime, in contrast to a misdemeanor, that is so declared in statute or was so considered in common law. In early English law a felony was a heinous act that canceled the perpetrator's feudal rights and forfeited his lands and goods to the king, thus depriving
..... Click the link for more information. is committed in his presence; this is the so-called citizen's arrest. An officer of the law does not always need a warrant to arrest someone if he reasonably suspects that person on the basis of facts or circumstances of having recently committed a felony. In all other criminal cases there must be a warrant before the arrest. Force may be used in making an arrest, even to the extent of killing a person who resists arrest for a felony that endangers human life. If an arrest is contrary to law, the apprehended person may procure his release by habeas corpushabeas corpus
[Lat.,=you should have the body], writ directed by a judge to some person who is detaining another, commanding him to bring the body of the person in his custody at a specified time to a specified place for a specified purpose.
..... Click the link for more information. and may bring a civil suit for false imprisonmentfalse imprisonment,
complete restraint upon a person's liberty of movement without legal justification. Actual physical contact is not necessary; a show of authority or a threat of force is sufficient. The person falsely imprisoned may sue the offender for damages.
..... Click the link for more information. . In most cases the person detained may be released if he can post bailbail,
in law, procurement of release from prison of a person awaiting trial or an appeal, by the deposit of security to insure his submission at the required time to legal authority.
..... Click the link for more information. . Diplomatic personnel and members of Congress and of state legislatures during legislative sessions are exempt from arrest.

Arrest

(1) Deprivation of personal freedom. In the USSR the inviolability of the person of a citizen is guaranteed by the constitution, which decrees that no one can be subjected to arrest without a court decision or the sanction of the procurator (public prosecutor). Arrest—that is, the confinement under guard as the strictest measure of restraint—is resorted to only in cases of crimes for which the penalty of deprivation of freedom is stipulated and only when there is reason to suppose that the accused would otherwise try to escape from the proceedings and the trial, hinder the ascertaining of the truth, or continue his criminal activity. Persons accused of the most serious crimes (Code of Criminal Procedure of the RSFSR, article 96) may be arrested solely because of the dangerousness of the crime. As a rule, persons detained for hooliganism are subject to arrest until the examination of their cases in court. Minors are arrested only in exceptional cases (Code of Criminal Procedure of the RSFSR, article 320).

A suspect may also be arrested. However, if an accusation is not produced within ten days from the moment of arrest, the detainee must be released. Limitations on the period of preventive detention are established by law. The arrested must be freed as soon as the justification for his arrest ceases to exist. Before giving his sanction to an arrest, the procurator must check the evidence for the accusation and the basis for the arrest and, if necessary, personally interrogate the accused. The procurator is obliged to free immediately any person unlawfully deprived of his freedom or held beyond the stipulated period. The short-term detention of a suspect which takes place without the procurator’s sanction is differentiated from arrest.

In a number of cases arrest is a form of punishment. For example, a soldier sentenced to corrective labor can be condemned by the court to arrest and confinement to the guardhouse for a period of up to two months (Criminal Code of the RSFSR, article 34). A fine may not be substituted for an arrest. Arrest can be the sentence imposed by a people’s judge as a form of administrative influence for petty crimes

(for a period of ten to 15 days) and for petty speculation (three to 15 days). Such an arrest does not carry a conviction. Disciplinary arrest can be applied to servicemen in the armed forces of the USSR and other categories of persons in cases stipulated in the disciplinary code. A prison term served as a result of a court conviction which calls for deprivation of freedom is not arrest, but prison confinement.

Arrest as a measure of restraint is provided for in the legal statutes of most countries outside the USSR. In the socialist countries arrest is permitted only in those cases where it is impossible to establish the identity of the detainee at the scene of the crime, when the accused escapes from the government bodies of power, when the seriousness of the crime requires it, and where there is a danger that the accused might hinder the ascertaining of the truth and continue his criminal activity if left at large. Arrest is not permitted in cases of crimes for which a fine has been established by law as a punishment or in cases of criminal proceedings initiated by private persons. A reasoned decision to arrest can be made by the investigating agency or the procurator; but after the indictment is drawn up, a court decision is necessary.

In the legislation of bourgeois states, formal guarantees are proclaimed on the rights of citizens against detention and unfounded arrest. However, these standards are violated not only in practice but also in the acts of executive organs. Thus, in France, for example, according to the Code of Criminal Procedure, the investigating judge is required to interrogate a suspect immediately (or within 24 hours at the most). Arrest for a longer period is permitted only by a special decision of the investigating judge. However, in the code itself, alongside the ordinances of judicial policy, there is a provision for the right of unlimited detention of suspects. In England a special court order is required for the arrest of a suspect; if a citizen is held without such an order, he must be brought to court within 24 hours for an interrogation and decision on his arrest.

In the USA, in spite of specific amendments to the constitution forbidding the curtailment of the privileges and rights of citizens, a wide circle of officials has been set up by the legislatures of the individual states, with the power to issue arrest and search warrants. Even the issuance of so-called blank warrants (that is, warrants which do not indicate the name of the person to be arrested) is widely practiced. In several states the police have the power to’ carry out arrests without a warrant.

(2) Attachment of property, the placing of a ban on the disposal of property or monetary holdings. In Soviet civil and criminal law, attachment of property is used as a means of provisional remedy in civil judicial proceedings (Code of Civil Procedure of the RSFSR, articles 133–34), as a means of securing civil claims in a criminal case, and as a means of securing a possible confiscation of property by court order (Code of Criminal Procedure of the RSFSR, article 175). Restraining measures applied with the object of securing the collection of fines, taxes, nontax payments, and so forth are also called attachment of property in Soviet law. Any property may be subject to attachment, with the exception of the basic means of state, cooperative and public organizations, and the property of citizens which represents necessities (Criminal Code of the RSFSR, supplement; Code of Civil Procedure of the RSFSR, article 369, 411–13). The attachment of property is carried out by the investigator, the militia, and the judicial executor by means of an inventory and an appraisal of the property. The attachment of property can be imposed by entrusting it to its owner for safekeeping or by transferring it to some other person or institution for safekeeping. Criminal responsibility is prescribed for the squandering, alienation, or concealment of property subject to attachment and entrusted for safekeeping (Criminal Code of the RSFSR, article 185).

M. IU. RAGINSKII

What does it mean when you dream about being arrested?

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.”

arrest

1. the act of taking a person into custody, esp under lawful authority 2. the act of seizing and holding a ship under lawful authority 3. the state of being held, esp under lawful authority

arrest

Related to arrest: arresting, AREST, You have the right to remain silent

Arrest

A seizure or forcible restraint; an exercise of the power to deprive a person of his or her liberty; the taking or keeping of a person in custody by legal authority, especially, in response to a criminal charge.

The purpose of an arrest is to bring the arrestee before a court or otherwise secure the administration of the law. An arrest serves the function of notifying the community that an individual has been accused of a crime and also may admonish and deter the arrested individual from committing other crimes. Arrests can be made on both criminal charges and civil charges, although civil arrest is a drastic measure that is not looked upon with favor by the courts. The federal Constitution imposes limits on both civil and criminal arrests.

An arrest may occur (1) by the touching or putting hands on the arrestee; (2) by any act that indicates an intention to take the arrestee into custody and that subjects the arrestee to the actual control and will of the person making the arrest; or (3) by the consent of the person to be arrested. There is no arrest where there is no restraint, and the restraint must be under real or pretended legal authority. However, the detention of a person need not be accompanied by formal words of arrest or a station house booking to constitute an arrest.

The test used to determine whether an arrest took place in a particular case is objective, and it turns on whether a reasonable person under these circumstances would believe he or she was restrained or free to go. A reasonable person is one who is not guilty of criminal conduct, overly apprehensive, or insensitive to the seriousness of the circumstances. Reasonableness is not determined in light of a defendant's subjective knowledge or fears. The subjective intent of the police is also normally irrelevant to a court's determination whether an arrest occurred, unless the officer makes that intent known. Thus, a defendant's presence at a police station by consent does not become an arrest solely by virtue of an officer's subjective view that the defendant is not free to leave, absent an act indicating an intention to take the defendant into custody.

An arrest constitutes a seizure under the Fourth Amendment to the U.S. Constitution, and thus the procedures by which a person is arrested must comply with the protections guaranteed by the Fourth Amendment or the arrest will be invalidated and any evidence seized during the arrest or confessions made after the arrest will typically be suppressed. The U.S. Supreme Court has ruled that arrests made without a valid arrest warrant based on Probable Cause are presumptively invalid under the Fourth Amendment. Similarly, arrests made pursuant to a warrant that is later ruled defective may also be declared invalid, unless the officer in procuring the warrant and making the arrest acted in Good Faith.

However, warrantless arrests do pass constitutional muster under some circumstances. The Supreme Court has ruled that warrantless arrests can be made when the circumstances make it reasonable to do so. For example, no warrant is required for a felony arrest in a public place, even if the arresting officer had ample time to procure a warrant, so long as the officer possessed probable cause that the suspect committed the crime. Felony arrests in places not open to the public generally do require a warrant, unless the officer is in Hot Pursuit of a fleeing felon. Warden v. Hayden, 387 U.S. 294, 87 S.Ct. 1642, 18 L.Ed.2d 782 (1967). The Fourth Amendment also allows warrantless arrests for misdemeanors committed in an officer's presence.

The exceptions to the Fourth Amendment's warrant requirement are based on the court's reluctance to unduly impede the job of law enforcement officials. Courts attempt to strike a balance between the practical realities of daily police work and the privacy and freedom interests of the public. Always requiring police officers to take the time to obtain an arrest warrant could result in the destruction of evidence, the disappearance of suspects, or both.

When an officer does seek an arrest warrant, the officer must present evidence to a neutral judge or magistrate sufficient to establish probable cause that a crime has been committed. The Supreme Court has said that probable cause exists when the facts within an officer's knowledge provide a reasonably trustworthy basis for a person of reasonable caution to believe that an offense has been committed or is about to be committed. Courts will deny requests when the warrant fails to describe in particularized detail the person to be arrested. The evidence upon which a warrant is based need not be ultimately admissible at trial, but it cannot be based on knowingly or intentionally false statements, or statements made in reckless disregard of the truth. However, inaccuracies found in a warrant due to ordinary Negligence will not typically jeopardize a warrant's validity.

Police officers need no justification to stop someone on a public street and ask questions, and individuals are completely entitled to refuse to answer any such questions and go about their business. However, the Fourth Amendment prohibits police officers from detaining pedestrians and conducting any kind of search of their clothing without first possessing a reasonable and articulable suspicion that the pedestrians are engaged in criminal activity. Terry v. Ohio, 392U.S. 1, 88 S. Ct. 1868, 21 L. Ed. 889 (1968). Police may not even compel a pedestrian to produce identification without first meeting this standard. Similarly, police may not stop motorists without first having a reasonable and articulable suspicion that the driver has violated a traffic law. If a police officer has satisfied this standard in stopping a motorist, the officer may conduct a search of the vehicle's interior, including the glove compartment, but not the trunk, unless the officer has probable cause to believe that it contains contraband or the instruments for criminal activity.

Investigatory stops or detentions must be limited and temporary, lasting no longer than necessary to carry out the purpose of the stop or detention. An investigatory stop that lasts too long turns into a de facto arrest that must comply with the warrant requirements of the Fourth Amendment. But no bright line exists for determining when an investigatory stop becomes a de facto arrest, as courts are reluctant to hamstring the flexibility and discretion of police officers by placing artificial time limitations on the fluid and dynamic nature of their investigations. Rather, the test is whether the detention is temporary and whether the police acted with reasonable dispatch to quickly confirm or dispel the suspicions that initially induced the investigative detention.

Not all arrests are made by members of law enforcement. Many jurisdictions permit private citizens to make arrests. Popularly known as citizen's arrests, the circumstances under which private citizens may place each other under arrest are normally very limited. All jurisdictions that authorize citizen's arrests prohibit citizens from making arrests for unlawful acts committed outside their presence. Most jurisdictions that authorize citizen's arrests also allow citizens to make arrests only for serious crimes, such as felonies and gross misdemeanors, and then only when the arresting citizen has probable cause to believe the arrestee committed the serious crime. Witnessing the crime in person will normally establish probable cause for making an arrest.

Both private citizens and law enforcement officers may be held liable for the tort of false arrest in civil court. An action for false arrest requires proof that the process used for the arrest was void on its face. In other words, one who confines another, while purporting to act by authority of law which does not in fact exist, makes a false arrest and may be required to pay money damages to the victim. To make out a claim for false arrest, the plaintiff must show that the charges on which he or she was arrested ultimately lacked justification. That is, the plaintiff in a false arrest action must show that the arrest was made without probable cause and for an improper purpose.

Cross-references

Accusation; Charge; Civil Procedure; Contraband; Criminal Action; Criminal Law; Criminal Procedure; De Facto; Evidence; Felony; Fourth Amendment; Hot Pursuit; Liability; Probable Cause; Seizure; Tort Law.

arrest

v. 1) to take or hold a suspected criminal with legal authority, as by a law enforcement officer. An arrest may be made legally based on a warrant issued by a court after receiving a sworn statement of probable cause to believe there has been a crime committed by this person, for an apparent crime committed in the presence of the arresting officer, or upon probable cause to believe a crime has been committed by that person. Once the arrest has been made, the officer must give the arrestee his/her rights ("Miranda rights") at the first practical moment, and either cite the person to appear in court or bring him/her in to jail. A person arrested must be brought before a judge for arraignment in a short time (e.g. within two business days), and have his/her bail set. A private "security guard" can not actually arrest someone except by citizen's arrest, but can hold someone briefly until a law officer is summoned. A "citizen's arrest" can be made by any person when a crime has been committed in his/her presence. However, such self-help arrests can lead to lawsuits for "false arrest" if proved to be mistaken, unjustified or involving unnecessary holding. 2) to delay the enforcement of a judgment by a judge while errors in the record are corrected. (See: warrant of arrest, false arrest, probable cause, Miranda warning)

arrest

1 the seizure or touching ofa person's body with a view to his detention. In many jurisdictions the fact of arrest triggers various legal protections of the person arrested, such as a right to remain silent and a right to legal advice. 2 in Scotland a form of preliminary attachment of moveables or an account. See ARRESTMENT.

ARREST. To stop; to seize; to deprive one of his liberty by virtue of legalauthority.

ARREST, in criminal cases. The apprehending or detaining of the person, inorder to be forthcoming to answer an alleged or suspected crime. The wordarrest is more properly used in civil cases, and apprehension in criminal. Aman is arrested under a capias ad respondendum, apprehended under a warrantcharging him with a larceny.
2. It will be convenient to consider, 1, who may be arrested; 2, forwhat crimes; 3, at what time; 4, in what places; 5, by whom and by whatauthority.
3.-1. Who may be arrested. Generally all persons properly accused ofa crime or misdemeanor, may be arrested; by the laws of the United States,ambassadors (q.v.) and other public ministers are exempt from arrest.
4.-2. For what offences an arrest may be made. It may be made fortreason, felony, breach of the peace, or other misdemeanor.
5.-3. At what time. An arrest may be made in the night as well as inthe day time and for treasons, felonies, and breaches of the peace, onSunday as well as on other days. It may be made before as well as afterindictment found. Wallace's R. 23.
6.-4. At what places. No place affords protection to offendersagainst the criminal law; a man may therefore be arrested in his own house,(q.v.) which may be broken into for the purpose of making the arrest.
7.-5. Who may arrest and by what authority. An offender may bearrested either without a warrant or with a warrant. First, an arrest may bemade without a warrant by a private individual or by a peace officer.Private individuals are enjoined by law to arrest an offender when presentat the time a felony is committed, or a dangerous wound given. 11 Johns. R.486 and vide Hawk. B. 1, c, 12, s. 1; c. 13, F3. 7, 8; 4 Bl. Com. 292; 1Hale, 587; Com. Dig. Imprisonment, H 4; Bac. Ab. Trespass, D.
3. Peace officers may, a fortiori, make an arrest for a crime ormisdemeanor committed in their view, without any warrant. 8 Serg. & R. 47.An arrest may therefore be made by a constable, (q.v.) a justice of thepeace, (q.v.) sheriff, (q.v.) or coroner. (q.v.) Secondly, an arrest maybe made by virtue of a warrant, (q.v.) which is the proper course when thecircumstances of the case will permit it. Vide, generally, 1 Chit. Cr. Law,11 to 71; Russ. on Cr. Index, h.t.

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Arrest

What does it mean when you dream about being arrested?

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Patient discussion about arrest

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Arrest

Cross-references

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ARREST

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Synonyms for arrest

verb capture

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verb stop

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verb fascinate

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noun capture

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noun stoppage

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verb to prevent the occurrence or continuation of a movement, action, or operation

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verb to come to a cessation

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verb to take into custody as a prisoner

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verb to compel, as the attention, interest, or imagination, of

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noun a seizing and holding by law

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noun the act of apprehending (especially apprehending a criminal)

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noun the state of inactivity following an interruption

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verb take into custody

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verb hold back, as of a danger or an enemy

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verb attract and fix

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verb cause to stop

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