Editing Arrest

{{redirect|Nicked|the name|Nick (disambiguation)}}
{{redirect2|Arrested|Arresting|other uses|Arrest (disambiguation)}}
{{Short description|Law enforcement action}}
{{Use dmy dates|date=May 2020}}

[[File:ICE.XCheckII.3cops1arrest.jpg|thumb|right|A man arrested by [[U.S. Immigration and Customs Enforcement]] (ICE) agents in ''[[Operation Cross Check]]'']]
[[File:Kidnappers arrested Rio.jpg|thumb|Arrested [[kidnapper]]s in [[Rio de Janeiro]], [[Brazil]] lying on the ground]]
[[File:American Airborne Soldier arresting an Iraqi suspect.jpg|thumb|right|A [[United States Army]] soldier arrests a man in June 2007, during the [[Iraq War]].]]
An '''arrest''' is the act of apprehending and taking a person into custody (legal protection or control), usually because the person has been suspected of or observed committing a [[crime]]. After being taken into custody, the person can be [[Interrogation|questioned further]] or [[Criminal charge|charged]]. An arrest is a procedure in a [[Criminal justice|criminal justice system]], sometimes it is also done after a [[Arrest warrant|court warrant for the arrest]].

[[Police]] and various other officers have [[power of arrest|powers of arrest]]. In some places, a [[citizen's arrest]] is permitted; for example in [[England and Wales]], any person can arrest "anyone whom he has reasonable grounds for suspecting to be committing, have [[Guilt (law)|committed or be guilty]] of committing an [[indictable offence]]", although certain conditions must be met before taking such action.<ref>{{cite web|date=5 August 2012|title=Police and Criminal Evidence Act 1984|url=http://www.legislation.gov.uk/ukpga/1984/60/section/24A|url-status=live|archive-url=https://archive.today/20120805174930/http://www.legislation.gov.uk/ukpga/1984/60/section/24A|archive-date=5 August 2012|website=archive.vn}}</ref> Similar powers exist in France, Italy, Germany, Austria and Switzerland if a person is caught in an act of crime and not willing or able to produce valid [[Identity document|ID]].

As a safeguard against the [[Legal abuse|abuse of power]], many countries require that an arrest must be made for a thoroughly justified reason, such as the requirement of [[probable cause]] in the United States. Furthermore, in most democracies, the time that a person can be detained in custody is relatively short (in most cases 24 hours in the United Kingdom and 24 or 48 hours in the United States and France) before the detained person must be either [[Criminal charge|charged]] or released.

==Etymology==
[[File:Lucy.Parsons.1915.arrest.jpg|thumb|American [[socialist]] activist [[Lucy Parsons]] after her arrest for [[riot]]ing during an [[unemployment]] protest at [[Hull House]] in [[Chicago|Chicago, Illinois]], 1915]]

The word "arrest" is [[Anglo-Norman language|Anglo-Norman]] in origin, derived from the French word ''arrêt'' meaning 'to stop or stay' and signifies a restraint of a person. Lexicologically, the meaning of the word arrest is given in various dictionaries depending upon the circumstances in which the word is used. There are numerous slang terms for being arrested throughout the world. In [[British slang]] terminology, the term "nicked" is often synonymous with being arrested, and "nick" can also refer to a [[police station]], and the term "pinched" is also common.<ref>Partridge, Eric and Paul Beale''A dictionary of slang and unconventional English'', p. 790, 886.</ref> In the [[United States]] and [[France]] the term "collared" is sometimes used.<ref>Hérail, René James and Edwin A. Lovatt, ''Dictionary of Modern Colloquial French'', p. 194.</ref> The terms "lifted" or "picked up" are also heard on occasion.<ref>Partridge, Eric and Paul Beale''A dictionary of slang and unconventional English'', p. 681.</ref>

==Procedure==
===India===

According to Indian law, no formality is needed during the procedure of arrest.<ref>{{cite web|title=Indian Kanoon -Shri D.K. Basu, Ashok K. Johri vs State of West Bengal, State of U.P|url=http://indiankanoon.org/doc/501198/|publisher=IndianKanoon.org|accessdate=12 September 2011|archiveurl= https://web.archive.org/web/20240314182959/http://indiankanoon.org/doc/501198/ |archive-date=March 14, 2024}}</ref> The arrest can be made by a citizen, a police officer or a Magistrate. The police officer needs to inform the person being arrested the full particulars of the person's offence and that they are entitled to be released on bail if the offence fits the criteria for being bailable.<ref>{{cite web|url=http://delhicourts.nic.in/CrPC.htm|title=CODE OF CRIMINAL PROCEDURE|accessdate=21 May 2016|archive-url=https://web.archive.org/web/20160507011409/http://delhicourts.nic.in/CrPC.htm|archive-date=7 May 2016|url-status=dead}}</ref> There is no general rule of eligibility or requirement that a police officer must handcuff a person who is being arrested. When there is a question regarding handcuffing a person, case law has stated that the choice to handcuff a person is dependent on the surrounding circumstances, and that officers should always take the proper precautions to ensure the safety of themselves, and the public.<ref>{{Cite news|url=http://intolegalworld.com/2017/09/27/handcuffing-is-it-really-easy-as-it-seems-to-be/|title=HANDCUFFING: IS IT REALLY EASY AS IT SEEMS TO BE - Into Legal World|work=Into Legal World|access-date=2017-12-07|language=en-US|archive-url=https://web.archive.org/web/20171208003746/http://intolegalworld.com/2017/09/27/handcuffing-is-it-really-easy-as-it-seems-to-be/|archive-date=8 December 2017|url-status=dead}}</ref>

===United States===

==== Distinction between arrest and detention ====
In the United States, there exists a distinction between an investigatory stop or detention, and an arrest. The distinction tends to be whether or not the stop is "brief and cursory" in nature, and whether or not a reasonable individual would feel free to leave.<ref>{{Cite web|url=https://www.law.cornell.edu/wex/terry_stop_stop_and_frisk|title=Terry Stop / Stop and Frisk &#124; Wex Legal Dictionary / Encyclopedia &#124; LII / Legal Information Institute|date=6 September 2015|archive-url=https://web.archive.org/web/20150906214229/https://www.law.cornell.edu/wex/terry_stop_stop_and_frisk |archive-date=6 September 2015 |url-status=dead }}</ref><ref>Terry v. Ohio, 392 U.S. 1(1968)</ref><ref>U.S. v. Vargas, 369 F.3d 98 (2d Cir. 2004)</ref><ref>In re Hoch, 82 A.3d 1167 (Vt. 2013).</ref><ref>United States v. Bullock, 632 F.3d 1004 (7th Cir. 2011)</ref><ref>{{Cite web|url=http://www.knowmyrights.org/knowledgebase/faq/police-encounters/what-is-the-difference-between-arrested-and-detained|title=What's the difference between being arrested and being detained? - Police Encounters - Know My Rights|website=www.knowmyrights.org|access-date=26 November 2019|archiveurl= https://web.archive.org/web/20230727202940/http://www.knowmyrights.org/knowledgebase/faq/police-encounters/what-is-the-difference-between-arrested-and-detained |archive-date=July 27, 2023}}</ref><ref>{{Cite web|url=https://www.coloradopolitics.com/courts/by-4-3-supreme-court-says-no-miranda-warning-necessary-for-man-repeatedly-told-he/article_33564170-bc50-11ed-86a7-afd466c0cfbb.html|title=By 4-3, Supreme Court says no Miranda warning necessary for man repeatedly told he was under arrest|author=Michael Karlik|website=Colorado Politics|date=6 March 2023|archiveurl= https://web.archive.org/web/20231211152320/https://www.coloradopolitics.com/courts/by-4-3-supreme-court-says-no-miranda-warning-necessary-for-man-repeatedly-told-he/article_33564170-bc50-11ed-86a7-afd466c0cfbb.html|archive-date=December 11, 2023}} </ref>

====Minor crimes and infractions====
When there exists [[probable cause]] to believe that a person has committed a minor crime, such as petty theft, driving on a suspended license, or disturbing the peace, law enforcement agents typically issue the individual a citation but do not otherwise detain them. The person must then appear in court on the date provided on the citation. Prior to the court date, the prosecution will decide whether to file formal criminal charges against the individual. When the accused appears in court, they will be advised if formal criminal charges have been filed. If charges are filed, they will be asked to plead guilty or not guilty at the initial court hearing, which is referred to as the [[arraignment]].<ref>{{Cite web|url=http://www.americanbar.org/content/dam/aba/migrated/publiced/practical/books/family/chapter_14.authcheckdam.pdf|title=Chapter 14 Criminal Justice |archive-url=https://web.archive.org/web/20150509040436/http://www.americanbar.org/content/dam/aba/migrated/publiced/practical/books/family/chapter_14.authcheckdam.pdf |archive-date=9 May 2015 |url-status=dead }}</ref>

====Arrests for serious crimes====
When a person is arrested for a serious crime, the defendant will have their picture taken and be held in [[Remand (detention)|pre-trial detention]]. Under certain circumstances (that is where the public won't be endangered by one's release from custody), the [[defendant]] may be entitled to release on [[bail]]. If the accused cannot post a monetary bail, they will appear at their arraignment where the judge will determine if the bail set by the schedule should be lowered.<ref>{{cite web|url=http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=01001-02000&file=1268-1276.5|title=CA Codes (pen:1268-1276.5)|access-date=21 May 2016|archive-url=https://web.archive.org/web/20160512184359/http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=01001-02000&file=1268-1276.5|archive-date=12 May 2016|url-status=dead}}</ref>

Also, in certain states, the prosecution has 48 hours to decide whether or not to file formal charges against the accused. For example, in California, if no formal charges are filed within the 48-hour period, the accused must be released from the arresting host's custody. If formal charges are filed, the accused will be asked to appear at their arraignment. At the arraignment, the accused will be asked to plead guilty or not guilty, and the judge will set a bail amount (or refuse to set bail) for the accused.<ref>{{cite web|url=http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=813-829|title=CA Codes (pen:813-829)|access-date=21 May 2016|archive-url=https://web.archive.org/web/20160512180414/http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=813-829|archive-date=12 May 2016|url-status=dead}}</ref>

==Powers of arrest==

===United Kingdom===

====England and Wales====
[[File:Police arrests rebel of Extinction Rebellion at Trafalgar Square (48866722773).jpg|thumb|A police officer arresting a protester in London]]
Arrests under English law fall into two general categories—with and without a warrant—and then into more specific subcategories. Regardless of what power a person is arrested under, they must be informed<ref name="PACE 1984 S28">{{Cite web|title=Police and Criminal Evidence Act 1984|url=http://www.legislation.gov.uk/ukpga/1984/60/section/28/data.htm|url-status=dead|archive-url=https://web.archive.org/web/20090220223357/http://www.statutelaw.gov.uk/content.aspx?ActiveTextDocId=1871591|archive-date=20 February 2009|access-date=26 November 2019|website=www.legislation.gov.uk}}</ref> that they are under arrest and of the grounds for their arrest at the time or as soon after the arrest as is practicable, otherwise the arrest is unlawful.<ref name="PACE 1984 S28"/><ref>http://www.direct.gov.uk/en/CrimeJusticeAndTheLaw/Beingstoppedorarrestedbythepolice/DG_196019 A person's rights when stopped, questioned or arrested by the police] (Directgov, England and Wales) {{Webarchive|url= https://web.archive.org/web/20230517184832/https://www.gov.uk/police-powers-of-arrest-your-rights|date=May 17, 2023}}</ref>

====Northern Ireland====
Arrest powers in Northern Ireland are informed by the Police and Criminal Evidence (Northern Ireland) Order 1989. This order legislates operational standards during arrest, questioning and charging a person suspected of committing a crime. Breach of this order may affect the investigation. Arrestees in Northern Ireland have the right to contact a person to inform them of an arrest, and legal representation.<ref>{{Cite web|url=https://www.wilson-nesbitt.com/our-services/services-for-individuals/criminal/arrest-and-detention-in-northern-ireland/|title=Arrest and detention in Northern Ireland &#124; Wilson Nesbitt Solicitors|website=www.wilson-nesbitt.com|access-date=26 November 2019|archiveurl= https://web.archive.org/web/20190525061601/https://www.wilson-nesbitt.com/our-services/services-for-individuals/criminal/arrest-and-detention-in-northern-ireland/|archive-date= May 25, 2019}}</ref>

====Scotland====

====Arrest with a warrant====
A justice of the peace can issue [[Arrest warrant#Scotland|warrants to arrest]] suspects and witnesses.

====Arrest without a warrant====
{{Main|Powers of the police in England and Wales#Arrest without warrant}}
There are four subcategories of arrest without warrant:
*[[Powers of the police in England and Wales#Criminal offences|under the provisions of section 24 of the Police and Criminal Evidence Act 1984]] (PACE), which only applies to [[constable]]s,
*[[Citizens arrest#England and Wales|under the provisions of section 24A of PACE]], applies to those who are not constables,
*[[Powers of the police in England and Wales#Breach of the peace|the power to arrest for a breach of the peace at common law]], which applies to everyone (constable or not and includes a power of entry), and
*[[Powers of the police in England and Wales#Other powers of arrest|the powers to arrest otherwise than for an offence]], which apply to constables only.

===United States===
United States law recognizes the [[common law]] arrest under various jurisdictions.<ref>{{cite journal|title=Atwater v. Lago Vista: Buckle-Up or Get Locked-Up: Warrantless Arrests for Fine-Only Misdemeanors Under the Fourth Amendment |last=Katz |first=Jason M. |journal=Akron Law Review |year=2003 |volume=36 |issue=3 |pages=496–498 |publisher=[[University of Akron School of Law]] |url=http://www.uakron.edu/law/lawreview/v36/docs/katz36.3.pdf |url-status=dead |archive-url=https://web.archive.org/web/20120111113407/http://www.uakron.edu/law/lawreview/v36/docs/katz36.3.pdf |archive-date=11 January 2012 }}</ref>

===Hong Kong===
The police may arrest a person according to a warrant issued by a Magistrate under sections 31, 72, 73 or 74 of the Magistrates Ordinance. For example, an arrest warrant may be issued if an accused person does not appear in Court when he is due to answer a charge.

However, an arrest warrant is not always necessary. Under section 50(1) of the Police Force Ordinance, a police officer can "apprehend" (i.e. arrest) a person if he reasonably suspects the person being arrested is guilty of an offence. Whether there is such a reasonable suspicion in a particular case is to be determined objectively by reference to facts and information which the arresting officer has at the time of the arrest. It is not necessary that the officer knows the exact statutory provision that the suspect has violated, so long as the officer reasonably suspects that the suspect has done something amounting to an offence.<ref>{{Cite web|title=Under what circumstances can the police arrest me?|url=http://www.clic.org.hk/en/topics/policeAndCrime/police_powers/q6.shtml|website=Clic|access-date=22 June 2015|archive-date=22 June 2015|archive-url=https://web.archive.org/web/20150622195942/http://www.clic.org.hk/en/topics/policeAndCrime/police_powers/q6.shtml|url-status=dead}}</ref>

==Warnings on arrest==

===United Kingdom===
{{See also|Right to silence in England and Wales }}
In the United Kingdom, a person must be told that they are under arrest in simple, non-technical language, the essential legal and factual grounds for his arrest. A person must be 'cautioned' when being arrested or subject to a criminal prosecution procedure, unless this is impractical due to the behaviour of the arrested person.

The caution required in England and Wales states,
{{blockquote|You are under arrest on suspicion of [''offence'']. You do not have to say anything, but it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.}}

Minor deviations from the words of any caution given do not constitute a breach of the Code of Practise, provided the sense of the caution is preserved.<ref>{{Cite web|url=https://www.gov.uk/government/publications/pace-code-g-2012|title=PACE Code G 2012|website=GOV.UK|language=en|access-date=2018-05-23|archiveurl=https://web.archive.org/web/20231212075943/https://www.gov.uk/government/publications/pace-code-g-2012|archive-date=December 12, 2023}}</ref>

The caution required in Scotland states:

{{blockquote|You are not obliged to say anything, but anything you do say will be noted and may be used in evidence.<ref>[[Police and Criminal Evidence Act 1984]], [http://www.statutelaw.gov.uk/content.aspx?ActiveTextDocId=1871591 section 28] {{webarchive |url=https://web.archive.org/web/20090220223357/http://www.statutelaw.gov.uk/content.aspx?ActiveTextDocId=1871591 |date=20 February 2009 }}.</ref><ref>{{cite BAILII | litigants = Taylor v Thames Valley Police | link =  | country =  | court = EWCA | division = Civ | year = 2004 | num = 858 | para =  | eucase =  | parallelcite = [2004] 1 WLR 3155, [2004] 3 All ER 503 | date = 6 July 2004 | courtname = [[Court of Appeal of England and Wales|Court of Appeal]] | juris = }}</ref><ref>[http://webarchive.nationalarchives.gov.uk/20080107222454/http://police.homeoffice.gov.uk/news-and-publications/publication/operational-policing/PACECodeCH.pdf?version=1 Code C] to the Police and Criminal Evidence Act 1984, para. 10.5.</ref>}}

===United States===
{{See also|Miranda warning}}
{{more citations needed|date=May 2019}}
[[File:LAPD Gang Investigation Arrest.jpg|thumb|A police officer arresting suspected gang members in [[Los Angeles]], United States]]
Based on the [[U.S. Supreme Court]] ruling in ''[[Miranda v. Arizona]]'', after making an arrest, the police must inform the detainee of the [[Fifth Amendment to the United States Constitution|Fifth Amendment]] and [[Sixth Amendment to the United States Constitution|Sixth Amendment]] rights for statements made during questioning to be admissible as evidence against the detainee in court. A [[Miranda warning]] is required only when a person is in custody (i.e., is not free to leave) and is being interrogated, and the results of this interrogation are to be used in court.<ref>{{Cite web|url=https://www.uscourts.gov/educational-resources/educational-activities/facts-and-case-summary-miranda-v-arizona|title=Facts and Case Summary - Miranda v. Arizona |website= United States Courts|archiveurl=https://web.archive.org/web/20240227122820/https://www.uscourts.gov/educational-resources/educational-activities/facts-and-case-summary-miranda-v-arizona|archive-date=February 27, 2024 }}</ref>

One common formulation of the warning is<ref>{{cite web |title=''United States v. Plugh'', 648 F.3d 118, 127 (2d Cir.2011), cert. denied, 132 S.Ct. 1610 (2012). |url=https://scholar.google.com/scholar_case?case=721002024916368331 |website=Google Scholar |access-date=25 January 2019}}</ref>{{blockquote|You have the right to remain silent. Anything you say can be used against you in court. You have the right to talk to a lawyer for advice before we ask you any questions. You have the right to have a lawyer with you during questioning. If you cannot afford a lawyer, one will be appointed for you before any questioning if you wish. If you decide to answer questions now without a lawyer present, you have the right to stop answering at any time.}}

===Hong Kong===
Immediately after the arrest, the police must inform the arrested of their right to remain silent. They may choose whether or not to answer any questions posed by the police (except that they may need to provide their name and address to the police). The police officer will caution them by saying,

{{blockquote|You are not obliged to say anything unless you wish to do so but whatever you say will be put into writing and may be given in evidence."<ref>{{Cite web|title=What are my rights if I am being arrested?|archive-date=May 12, 2016|archiveurl=https://web.archive.org/web/20160512052528/http://www.clic.org.hk/en/topics/policeAndCrime/police_powers/q7.shtml|url=http://www.clic.org.hk/en/topics/policeAndCrime/police_powers/q7.shtml|website=Clic}}</ref>}}

==Search and seizure==

===United Kingdom===

====England and Wales====
{{Main|Powers of the police in England and Wales#People or vehicles}}

==Non-criminal arrests==

===United States===
Breach of a court order can be considered civil [[contempt of court]], and a warrant for the person's arrest may be issued. Some court orders contain authority for a police officer to make an arrest without further order.{{citation needed|date=May 2019}}

If a [[legislature]] lacks a [[quorum]], many jurisdictions allow the members present the power to order a [[call of the house]], which orders the arrest of the members who are not present. A member arrested is brought to the body's chamber to achieve a quorum. The member arrested does not face prosecution, but may be required to pay a fine to the legislative body. {{citation needed|date=May 2019}}

==Following arrest==
While an arrest will not necessarily lead to a [[criminal conviction]], it may nonetheless in some jurisdictions have serious ramifications such as absence from work, social stigma, and in some cases, the legal obligation to disclose a conviction when a person applies for a job, a loan or a professional license. In the [[United States]] a person who was not found guilty after an arrest can remove their arrest record through an [[expungement]] or (in [[California]]) a finding of factual innocence. A cleared person has the choice to file a complaint or a lawsuit if they choose to. Legal action is sometimes filed against the government after a wrongful arrest.{{citation needed|date=April 2013}}

For convictions, the [[collateral consequences of criminal charges|collateral consequences]] are more severe in the United States than in the UK, where arrests without conviction do not appear in standard [[criminal record check]]s and need not be disclosed, whereas in the United States, people have to expunge or (if the case goes to court) seal arrest without convictions, or if the charges are dropped.{{citation needed|date=April 2013}} However, in the UK, Enhanced [[Disclosure and Barring Service]] (DBS) disclosures permit a Chief Constable to disclose this data if they believe it relevant to the post for which the DBS disclosure was applied.<ref name=gov-20220922>{{cite web |url=https://www.gov.uk/government/collections/dbs-checking-service-guidance--2 |title=DBS checks: detailed guidance |website=Disclosure and Barring Service |via=gov.uk |date=22 September 2022 |access-date=13 June 2023|archiveurl=https://web.archive.org/web/20240406234924/https://www.gov.uk/government/collections/dbs-checking-service-guidance--2|archive-date=April 6, 2024}}</ref>

==See also==
{{div col}}
* [[Law enforcement]]
* [[Handcuffs]]
* [[Police station]]
* [[Prison|Jail]]
* [[Arbitrary arrest and detention]]
* [[Arrest without warrant]]
* [[Arrestable offence]] (obsolete term in UK law)
* [[Citizen's arrest]]
* [[False arrest]]
* [[House arrest]]
* [[Individuals with powers of arrest]]
* [[Law enforcement agency#Powers of a Law Enforcement Agency|Law enforcement agency]]
* [[Mass arrest]]
* [[Nightwalker statute]]
* [[Police and Criminal Evidence Act 1984]]
* [[Police raid]]
* [[Pre-trial detention]]
* [[Resisting arrest]]
* [[Surety]]
{{div col end}}

==References==
{{reflist}}

==Further reading==
* [https://www.theatlantic.com/magazine/archive/2015/01/the-future-of-getting-arrested/383507/ The Future of Getting Arrested] - "What they're gonna do when they come for you," ''[[The Atlantic]],'' Jan.–Feb. 2015

==External links==
{{wikt|arrest}}
* {{Commons category-inline}}

{{Criminal procedure}}

{{Authority control}}

[[Category:Arrests| ]]
[[Category:Law enforcement terminology]]
[[Category:Law enforcement agency powers]]