v. 1) to take or hold a suspected criminal with legal authority, as by a law enforcement
officer. An arrest may be made legally based on a warrant issued by a court after
receiving a sworn statement of probable cause to believe there has been a crime
committed by this person, for an apparent crime committed in the presence of the
arresting officer, or upon probable cause to believe a crime has been committed
by that person. Once the arrest has been made, the officer must give the arrestee
his/her rights ("Miranda rights") at the first practical moment, and either cite
the person to appear in court or bring him/her in to jail. A person arrested must
be brought before a judge for arraignment in a short time (e. g. within two business
days), and have his/her bail set. A private "security guard" cannot actually arrest
someone except by citizen's arrest, but can hold someone briefly until a law officer
is summoned. A "citizen's arrest" can be made by any person when a crime has been
committed in his/her presence. However, such self-help arrests can lead to lawsuits
for "false arrest" if proved to be mistaken, unjustified or involving unnecessary
holding. 2) to delay the enforcement of a judgment by a judge while errors in the
record are corrected.
See also arrest warrant false arrest Miranda warning probable cause warrant
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