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Warning
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Simple English definitions for legal terms
arrest
Read a random definition: ex nobili officio
A quick definition of arrest:
An arrest is when the police take someone away because they think that person did something wrong. Sometimes they need a special paper called a warrant to do this, but other times they can do it right away if they have a good reason. The person who is arrested has the right to see a judge soon after to explain what happened. When someone is arrested, the police have to tell them their rights, like the right to remain silent.
A more thorough explanation:
An arrest is when a person is taken into custody by the police or other law enforcement officials. This means that the person is not free to leave and their movements are restricted. An arrest is usually made with an arrest warrant, which is a legal document that gives the police permission to arrest someone. However, in some cases, an arrest can be made without a warrant if there is probable cause and exigent circumstances.
Probable cause means that the police officer has a reasonable belief that the person has committed a crime or is about to commit a crime. Exigent circumstances means that there is an emergency situation that requires immediate action, such as preventing the suspect from escaping or preserving evidence.
For example, if a police officer sees someone breaking into a house, they have probable cause to arrest that person without a warrant. The officer may also arrest the person to prevent them from escaping or destroying evidence.
However, if the police officer does not have probable cause or exigent circumstances, a warrantless arrest may be invalidated. This means that the arrest would not be legal and the person would be released.
When a person is arrested, they have certain rights, such as the right to remain silent and the right to an attorney. These rights are explained in the Miranda Warning, which the police must read to the person being arrested.
Overall, an arrest is a serious matter that involves taking away a person's freedom. It is important that the police follow the proper procedures and have a valid reason for making an arrest.