What is Arrest?

The act of taking a person into custody, against their will. This can be done with physical force or by requiring them to submit to an officer’s demonstration of force, or simply by locking them in a place where they cannot leave, such as a police station. For an arrest to be lawful, the officer must have probable cause that the person has committed or is about to commit a crime. This requirement restrains the power of the police and prevents them from simply rounding up people who might look suspicious.

In most cases, an officer needs to have a warrant issued by a judge before they can arrest you. However, they can also make a warrantless arrest on the basis of “probable cause,” which is a gray area between suspicion and absolute certainty that the suspect committed a crime.

If you are arrested, you should ask to speak with your lawyer immediately, and provide them with information about your current address, work history, family ties, etc. If the officer requests to search your vehicle or other property, calmly and clearly tell them that you do not consent to a search. If they do search without your consent, your lawyer can argue that any evidence gathered as a result of the search should be suppressed. This is called a Fourth Amendment violation. It is important to get a good attorney right away to help you with your case. Research suggests that the more times a person is arrested, the worse their health outcomes are in later life. This is especially true for young people who are arrested multiple times during the critical years of their development before age 24.