Arrest
Definition
The use of legal authority to deprive someone of his or her freedom of movement. Under U.S. law, placing someone under arrest triggers certain legal requirements, such as the requirement that the person be given the Miranda warning. Under the Constitution, arrest is governed by the Fourth Amendment.
Illustrative caselaw
See, e.g. Maryland v. Shatzer, 130 S.Ct. 1213 (2010).
See also
Definition from Nolo’s Plain-English Law Dictionary
Being detained by the police in a manner that, to any reasonable person, makes it clear he or she is not free to leave. A person can be "under arrest" even though the police have not announced it; nor are handcuffs or physical restraint necessary. Questioning an arrested person about involvement in or knowledge of a crime must be preceded by Miranda warnings.
Definition provided by Nolo’s Plain-English Law Dictionary.
August 19, 2010, 5:11 pm
