arrest

An arrest is the act of taking a person into custody, typically by law enforcement, with the purpose of bringing the person before a court to answer for alleged criminal conduct. An arrest can be carried out with a warrant issued by a judge or magistrate, or without a warrant when the law permits it, such as upon probable cause that a person has committed a crime or in urgent circumstances. In some jurisdictions, a brief detention or stop may occur for investigation without an arrest, but an arrest involves a formal restraint of liberty.

The legal basis for an arrest rests on statutory authority and constitutional or human rights protections. Rules vary by country and jurisdiction, but common elements include probable cause for a warrantless arrest or a valid warrant specifying the person or place. Some jurisdictions also recognize citizen or private-person arrests when a crime has been witnessed, subject to legal limits.

After arrest, the person is typically processed through booking, charges are filed, and the matter proceeds to a court appearance such as arraignment. Depending on the jurisdiction, the arrested individual may be released on bail or held in custody pending trial. The balance between public safety and individual rights guides arrest practices, including timelines for appearance before a judge and access to legal counsel.

Arrestees have rights intended to protect due process. These often include being informed of the charges, the right to counsel, and the right to remain silent or to have a lawyer present during questioning. Rights and procedures vary by jurisdiction, and violations can affect the admissibility of evidence or outcomes in court.