• Ask a Legal Question
  • Submit Article
  • Law Dictionary
  • My Account
  • FAQ
  • Contact Us
  • Support
  • Site Search
Login or Sign up

The Law Dictionary

  • Home
  • Law Forum
  • Law Guide
  • Law Journal
  • Lawyers
  • Legal Forms & Files
  • Inbox
  • Alerts
Home » Law Dictionary » A » ARREST

ARREST

TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed.

(A) To stop; to seize; to deprive one of his liberty by virtue of legal authority. (B) It is the situation when a person is detained by police and that a reasonable person would believe they are not free to leave. An arrest does not require an announcement or the use of handcuffs or physical restraint. Questioning a person after arrest requires the Miranda warning that what is said can be used against the defendant if the police want to use the answers as evidence against the arrested person in a criminal case. Once an arrested person states a desire to stay silent or speak to a lawyer, questioning must stop.

Law Dictionary – Alternative Legal Definition

In criminal practice. The stopping, seizing, or apprehending a person by lawful authority; the act of laying hands upon a person for the purpose of taking his body into custody of the law ; the restraining of the liberty of a man’s person in order to compel obedience to the order of a court of justice, or to prevent the commission of a crime, or to insure that a person charged or suspected of a crime may be forthcoming to answer it French v. Bancroft, 1 Mete. (Mass.) 502; Emery v. Chesley, 18 N. H. 201; U. S. v. Benner, 24 Fed. Cas. 1084; Rhodes v. Walsh, 55 Minn. 542, 57 N. W. 212, 23 L. R. A. 632; Ex parte Sherwood, 29 Tex. App. 334, 15 S. W. 812. Arrest is well described in the old books as “the beginning of imprisonment, when a man is first taken and restrained of his liberty, by power of a lawful warrant.” 2 Shep. Abr. 299; Wood, Inst Com. Law, 575. In civil practice. The apprehension of a person by virtue of a lawful authority to answer the demand against him in a civil action. In admiralty practice. In admiralty actions a ship or cargo is arrested when the marshal has served the writ In an action in rem. Williams & B. Adm. Jur. 193; Pelham v. Rose, 9 Wall. 103, 19 L. Ed. 602. Synonyms distinguished. The term “apprehension” seems to be more peculiarly appropriate to seizure on criminal process; while “arrest” may apply to either a civil or criminal action, but is perhaps better confined to the former. Montgomery County v. Robinson, 85 111. 176. As ordinarily used, the terms “arrest” and “attachment” coincide in meaning to some extent, though in strictness, as a distinction, an arrest may be said to be the act resulting from the service of an attachment; and, in the more extended sense which is sometimes given to attachment, including the act of taking, it would seem to differ from arrest, in that it is more peculiarly applicable to a taking of property, while arrest is more commonly used in speaking of persons. Bouvier. By arrest is to be understood to take the party into custody. To commxt is the separate and distinct act of carrying the party to prison, after having taken him into custody by force of the execution. French v. Bancroft, 1 Mete. (Mass.) 502. Arrest of inquest. Pleading in arrest of taking the inquest upon a former issue, and showing cause why an inquest should not he taken. Arrest of judgment. In practice. The act of staying a judgment, or refusing to render judgment in an action at law, after verdict, for some matter intrinsic appearing on the face of the record, which would render the judgment, if given, erroneous or reversible. 3 Bl. Comm. 393; 3 Steph. Comm. 628; 2 Tidd, Pr. 918; Browning v. Powers, 142 Mo. 322, 44 S. W. 224; People v. Kelly, 94 N. Y. 526; Byrne v. Lynn, 18 Tex. Civ. App. 252, 44 S. W. 311. Malicious arrest. An arrest made willfully and without probable cause,’ but in the course of a regular proceeding. Parol arrest. One ordered by a judge or magistrate from the bench, without written complaint or other proceedings, of & person who is present before him, and which is executed on the spot; as in case of breach of the peace in open court. Warrant of arrest. A written order issued and signed by a magistrate, directed to a peace officer or some other person specially named, and commanding him to arrest the body of a person named in it, who is accused of an offense. Brown r. State, 109 Ala. 70, 20 South. 103.

Related Posts:

  • TERRY STOP
  • BOOKING
  • ARREST IN CRIMINAL CASES
  • ARREST IN CIVIL CASES
  • ATTACH
  • IMPRISONMENT

Filed Under: A

Add a New Legal Term

Can't find the legal word, term, phrase or abbreviation that you're seeking in our dictionary? Add or request a definition by filling out the short form below!

Add Dictionary Term
Sending

Law Dictionary & Guide App

Law App

Law App

Pro Law App

Pro Law App


  Over 2,000 Five Star Ratings

  •   Black's Law Dictionary 2nd Ed.
  •   Free: 14,000+ legal terms, Pro: 23,000+
  •   Law Guide & Law Journal
  •   Ask Questions & Get Answers
  •   Law Library & Lawyer Directory
  • Free Attorney Case Review

    Free legal consultation with a lawyer

    • About
    • FAQ
    • Contact
    • Disclaimer
    • Privacy
    • Legal Terms
    • Editorial Guidelines
    • © 1995 – 2016 TheLaw.com LLC
    Legal Disclaimer: The content appearing on our website is for general information purposes only. When you submit a question or make a comment on our site or in our law forum, you clearly imply that you are interested in receiving answers, opinions and responses from other people. The people providing legal help and who respond are volunteers who may not be lawyers, legal professionals or have any legal training or experience. The law is also subject to change from time to time and legal statutes and regulations vary between states. It is possible that the law may not apply to you and may have changed from the time a post was made. All information available on our site is available on an "AS-IS" basis. It is not a substitute for professional legal assistance. Before making any decision or accepting any legal advice, you should have a proper legal consultation with a licensed attorney with whom you have an attorney-client privilege. For purposes of New York and New Jersey State ethics rules, please take notice that this website and its case reviews may constitute attorney advertising.
    © Copyright 1995 - 2015 TheLaw.com LLC. All Rights Reserved
    Go to mobile version