What is the legal definition of arrest?

Master legal terms with the Legal Terminology Test. Engage with flashcards and multiple choice questions. Hints and explanations included for thorough understanding. Prepare effectively for your exam!

The legal definition of arrest fundamentally revolves around the action of stopping and detaining a person who is suspected of committing a crime. This process typically requires law enforcement to have probable cause—meaning reasonable grounds to believe that the individual has engaged in illegal activity. An arrest is a critical element in the criminal justice system as it marks the transition from suspicion to a legal procedure where the suspect is taken into custody.

This definition emphasizes the importance of the physical act of detaining the individual, distinguishing it from other legal concepts. For example, formally charging someone with a crime or issuing a warning relates to later stages in the legal process and do not encompass what it means to arrest someone. A court order for someone's appearance refers to a legal document compelling a person to attend court, which is also separate from the concept of arrest, as it does not involve the physical detainment of a suspect.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy