Arrest Types: Understanding Different Types of Arrest

Study Notes

An arrest is the act of taking a person into custody, usually by a law enforcement officer, for the purpose of holding them to answer for a crime.
It involves the restriction of a person's liberty, and may involve the use of physical force or other means to ensure compliance.

Warrantless arrest: An arrest made without a warrant, typically in situations where there is probable cause to believe the person has committed a crime.
Warranted arrest: An arrest made with a warrant, which is a document issued by a judge or magistrate authorizing the arrest.
Custodial arrest: An arrest where the person is taken into custody and is not free to leave.
Citizen's arrest: An arrest made by a private citizen, rather than a law enforcement officer.

Probable cause: The existence of facts and circumstances that would lead a reasonable person to believe that a crime has been committed and that the person being arrested is responsible.
Seizure: The taking of a person into custody, which may involve physical restraint or other means.
Intent to arrest: The officer's intention to take the person into custody, which may be expressed through words or actions.

Right to remain silent: The right to refuse to answer questions or provide information to the police.
Right to counsel: The right to have an attorney present during questioning and other proceedings.
Right to know the reason for arrest: The right to be informed of the reason for the arrest and the charges being brought.

Booking: The process of recording the person's name, address, and other information, as well as taking fingerprints and photographs.
Interrogation: The questioning of the arrested person, which may be conducted by the police or other authorities.
Arraignment: The initial court appearance, where the person is informed of the charges and may enter a plea.

An arrest is an act of taking a person into custody, restricting their liberty, for the purpose of holding them to answer for a crime, and may involve physical force or other means.

Warrantless arrest: made without a warrant, typically in situations with probable cause to believe the person committed a crime.
Warranted arrest: made with a warrant, a document issued by a judge or magistrate authorizing the arrest.
Custodial arrest: the person is taken into custody and is not free to leave.
Citizen's arrest: an arrest made by a private citizen, rather than a law enforcement officer.

Probable cause: existence of facts and circumstances leading a reasonable person to believe a crime was committed and the person being arrested is responsible.
Seizure: taking a person into custody, involving physical restraint or other means.
Intent to arrest: the officer's intention to take the person into custody, expressed through words or actions.

Right to remain silent: refusal to answer questions or provide information to the police.
Right to counsel: having an attorney present during questioning and other proceedings.
Right to know the reason for arrest: being informed of the reason for the arrest and the charges being brought.

Booking: recording the person's name, address, and other information, including fingerprints and photographs.
Interrogation: questioning the arrested person, conducted by the police or other authorities.
Arraignment: initial court appearance, informing the person of charges and allowing them to enter a plea.