ARREST
arrest,n.1. A seizure or forcible restraint. 2. The taking or keeping of a person in custody by
legal authority, esp. in response to a criminal charge; specif., the apprehension of someone for the
purpose of securing the administration of the law, esp. of bringing that person before a court.
[Cases: Arrest 68(3). C.J.S. Arrest §§ 43–44.] — arrest,vb.
“The question of what constitutes an arrest is a difficult one. On one end of the spectrum, it
seems apparent that detention accompanied by handcuffing, drawn guns, or words to the effect
that one is under arrest qualifies as an ‘arrest’ and thus requires probable cause. At the other end, a
simple questioning on the street will often not rise to the level of an arrest. Somewhere in between
lie investigative detentions at the stationhouse ….” Charles H. Whitebread, Criminal Procedure §
3.02, at 61 (1980).
arrest by warrant.See lawful arrest under ARREST.
arrest in execution.See arrest on final process.
arrest in quarters.Military law. A nonjudicial punishment that can be given to officers and A
warrant officers only by a general, a flag officer in command, or an officer exercising general
court-martial jurisdiction. See BREACH OF ARREST. [Cases: Military Justice 525. C.J.S.
Military Justice §§ 24–27.]
arrest on final process.Hist. Arrest in a civil case after the conclusion of a trial. — Also
termed arrest in execution.
arrest on mesne process (meen).Hist. Arrest in a civil case before trial takes place.
citizen’s arrest.An arrest of a private person by another private person on grounds that (1) a
public offense was committed in the arrester’s presence, or (2) the arrester has reasonable cause to
believe that the arrestee has committed a felony. [Cases: Arrest 64. C.J.S. Arrest §§ 12–15.]
civil arrest.Hist. An arrest and detention of a civil-suit defendant until bail is posted or a
judgment is paid. • Civil arrest is prohibited in most states.
false arrest.An arrest made without proper legal authority. Cf. FALSE IMPRISONMENT.
house arrest.See HOUSE ARREST.
lawful arrest.The taking of a person into legal custody either under a valid warrant or on
probable cause that the person has committed a crime. Cf. unlawful arrest. — Also termed arrest
by warrant; warrant arrest.
malicious arrest.An arrest made without probable cause and for an improper purpose; esp., an
abuse of process by which a person procures the arrest (and often the imprisonment) of another by
means of judicial process, without any reasonable cause. • Malicious arrest can be grounds for an
action for abuse of process, false imprisonment, or malicious prosecution.
parol arrest (p<<schwa>>-rohlorpar-<<schwa>>l). An arrest ordered by a judge or magistrate
from the bench, without written complaint, and executed immediately, such as an arrest of a
person who breaches the peace in open court. See CONTEMPT.
pretextual arrest.An arrest of a person for a minor offense for the opportunity to investigate
the person’s in-volvement in a more serious offense for which there are no lawful grounds to make
an arrest. — Also termed pretext arrest.
rearrest. A warrantless arrest of a person who has escaped from custody, violated parole or
probation, or failed to appear in court as ordered.
subterfuge arrest.An arrest of a suspect for the stated purpose of obtaining evidence of one
crime but with the underlying intent to search the suspect for evidence of a different crime.
unlawful arrest.The taking of a person into custody either without a valid warrant or without
probable cause to believe that the person has committed a crime. Cf. lawful arrest.
warranted arrest.An arrest made under authority of a warrant.
warrantless arrest.A legal arrest, without a warrant, based on probable cause of a felony, or
for a misdemeanor committed in a police officer’s presence. — Also termed arrest without a A
warrant. See WARRANT. [Cases: Arrest 62. C.J.S. Arrest §§ 10–11.]
3.Maritime law. The taking of a ship and sometimes its cargo into custody by virtue of a
court’s warrant. [Cases: Admiralty 48. C.J.S. Admiralty §§ 157, 239.] [Blacks Law 8th]