So what exactly does “arrested” mean?

While you may think that the definition of an “arrest” is pretty well cut and dry in the practice of law that definition isn’t so well defined. The traditional image of an arrest is your hands handcuffed behind your back while sitting in a police car.  That certainly would meet the definition of arrest in my book! In actuality there are two distinct meaning of an arrest in our justice system.  First is the common law definition of an arrest as “the apprehension or detention of the person of another in order that he may be forthcoming to answer an alleged or supported crime”.  Another common law definition of arrest is “the taking, seizing, or detaining of the person of another, either by touching or putting hands on him, or by any act which indicates an intention to take him into custody and subjects the person arrested to the actual control and will of the person making the arrest”.  While that sounds like a very adequate definition of arrest let’s compare the common law definition to the second definition – The Federal Constitutional meaning.

The Federal Constitutional meaning of arrest has been recognized by the United States Supreme Court and requires a greater degree of restraint than the common law definition. An arrest under the Federal definition requires probable cause to believe that a crime has or is about to be committed.  

Think of the “stop and frisk” that often occurs between citizenry and the police. If a cop stops some suspicious looking thugs outside of a business and pats them down for weapons has the officer effectuated an arrest? Under the strict definition of the common law then yes, the officer has conducted an arrest.  Under the Federal definition this interaction, which is legal under a lesser threshold than probable cause, is probably not a full blown arrest.  The officers need only a reasonable suspicion of criminal activity to conduct a pat down of the suspicious looking thugs.

Why is it so important to know when you’re under arrest exactly? Several constitutional protections kick in once a person is arrested. The admissibility of statements made to the police and even evidence obtained during a search can sometimes all depend on whether a person has been legally “arrested”.