Legal Dictionary
Main Entry:
1ar·restPronunciation:
&-'restFunction:
nounEtymology: Middle French
arest, from
arester to stop, seize, arrest, ultimately from Latin
ad to, at +
restare to stay
: the restraining and seizure of a person whether or not by physical force by someone acting under authority (as a police officer) in connection with a crime in such a manner that it is reasonable under the circumstances for the person to believe that he or she is not free to leave —see also
MIRANDA WARNINGS probable cause at
CAUSE 2,
WARRANT —compare
STOP
cit·i·zen's arrest : an arrest made not by a law officer but by any citizen who derives the authority to arrest from the fact of being a citizen
NOTE: Under common law, a citizen may make an arrest for any felony actually committed, or for a breach of the peace committed in his or her presence.
civil arrest : the arrest and detention of a defendant in a civil suit until he or she posts bail or pays the judgment —see also
CAPIAS AD RESPONDENDUM NOTE: Civil arrest is restricted or prohibited in most states.
custodial arrest : an arrest of a person accompanied by or followed by taking the person into custody
false arrest : an arrest made without legal authority called also
unlawful arrest NOTE: If a person is taken into custody, no matter how briefly, a false arrest is also false imprisonment.
pre·text arrest /'prE-"tekst-/ : the arrest of a person for a minor crime (as a traffic violation) for the real purpose of getting an opportunity to investigate (as through a search) the person's possible involvement in a more serious crime for which there are no lawful grounds to make an arrest called also
pretextual arrest
unlawful arrest : FALSE ARREST in this entry—
under arrest : in the condition of being restrained under legal authority