[Middle French arest
, from arester
to stop, seize, arrest, ultimately from Latin ad
to, at + restare
the restraining and seizure of a person whether or not by physical force by someone acting under authority (as a police officer) in connection with a crime in such a manner that it is reasonable under the circumstances for the person to believe that he or she is not free to leave see also miranda warnings
an arrest made not by a law officer but by any citizen who derives the authority to arrest from the fact of being a citizen NOTE: Under common law, a citizen may make an arrest for any felony actually committed, or for a breach of the peace committed in his or her presence.
the arrest and detention of a defendant in a civil suit until he or she posts bail or pays the judgment see also capias ad respondendum
NOTE: Civil arrest is restricted or prohibited in most states.
an arrest of a person accompanied by or followed by taking the person into custody
an arrest made without legal authority called also unlawful arrest
NOTE: If a person is taken into custody, no matter how briefly, a false arrest is also false imprisonment.
the arrest of a person for a minor crime (as a traffic violation) for the real purpose of getting an opportunity to investigate (as through a search) the person's possible involvement in a more serious crime for which there are no lawful grounds to make an arrest called also pretextual arrest
in this entry
: in the condition of being restrained under legal authority
to place under arrest