What is an Arrest?
A person is placed under arrest when they have been taken into police custody, usually through verbal (police officer tells a person that he is “under arrest”) or physical means (handcuffs, actual physical restraint). You are considered to be “in custody” when your freedom to move has been restricted by the police. If at any point you no longer have the ability to get up and walk away from the police, you are in police custody. A police officer may place an individual under arrest if they have witnessed the person committing a crime (setting fire to a house), if the officer has “probable cause” that the person has committed a crime (running away from the house fire with matches and gasoline), or if there is a warrant for the person’s arrest (during a valid stop, police check individual’s ID and there is an outstanding warrant for arson).