prearrest

Prearrest refers to the period and activities preceding an arrest within criminal investigations. It is not a universally defined formal stage in every jurisdiction, but it describes the investigative work that leads to an arrest decision. During this phase, law enforcement may gather evidence from multiple sources, conduct interviews, perform surveillance, analyze digital data, verify identities, and assess suspect capability and risk. Officers and investigators may consult with prosecutors and prepare a case file to determine whether probable cause exists to arrest or to obtain an arrest warrant.

In jurisdictions that require warrants, prearrest activities culminate in the filing of a petition or request for a warrant, after which authorized officials may issue an arrest warrant. In other circumstances, a suspect can be arrested without a warrant if exigent circumstances or probable cause exist. Prearrest operations must comply with applicable laws and constitutional protections, including prohibitions on unreasonable searches and seizures and the rights to counsel and to be informed of charges.

The term highlights the procedural boundary between investigation and arrest. It is distinct from post-arrest processes such as custody, charging, arraignment, and pretrial proceedings. Because the term is not universally formal, its exact meaning and scope vary by jurisdiction, agency policy, and case specifics.

See also: arrest, arrest warrant, probable cause, detention, pretrial.