arrest legal definition

The intentional deprivation, whether actual or constructive, of a personÂ’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 and resisting arrest.

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 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 officerÂ’s presence.