Police officers taking a man into custody in Chicago, United States The distinction tends to be whether or not the stop is "brief and cursory" in nature, and whether or not a reasonable individual would feel free to leave. In the United States, there exists a distinction between an investigatory stop or detention, and an arrest. United States Distinction between arrest and detention When there is a question regarding handcuffing a person then at that time case laws has stated that the choice to handcuff a person is dependent on the surrounding circumstances, and that officers should always take the proper precautions to ensure the safety of themselves, and the public. There is no general rule of eligibility or requirement that a police officer must handcuff a person who is being arrested. The police officer needs to inform the person being arrested the full particulars of the person's offence and that they are entitled to be released on bail if the offence fits the criteria for being bailable. ![]() The arrest can be made by a citizen, a police officer or a Magistrate. Procedure India Īccording to Indian law, no formality is needed during the procedure of arrest. The terms "lifted" or "picked up" are also heard on occasion. In the United States and France the term "collared" is sometimes used. In British slang terminology, the term "nicked" is often synonymous with being arrested, and "nick" can also refer to a police station, and the term "pinched" is also common. There are numerous slang terms for being arrested throughout the world. Lexicologically, the meaning of the word arrest is given in various dictionaries depending upon the circumstances in which the word is used. The word "arrest" is Anglo-Norman in origin, derived from the French word arrêt meaning 'to stop or stay' and signifies a restraint of a person. Furthermore, in most democracies, the time that a person can be detained in custody is relatively short (in most cases 24 hours in the United Kingdom and 24 or 48 hours in the United States and France) before the detained person must be either charged or released.Īmerican socialist activist Lucy Parsons after her arrest for rioting during an unemployment protest at Hull House in Chicago, Illinois, 1915 Similar powers exist in France, Italy, Germany, Austria and Switzerland if a person is caught in an act of crime and not willing or able to produce valid ID.Īs a safeguard against the abuse of power, many countries require that an arrest must be made for a thoroughly justified reason, such as the requirement of probable cause in the United States. In some places, a citizen's arrest is permitted for example in England and Wales, any person can arrest "anyone whom he has reasonable grounds for suspecting to be committing, have committed or be guilty of committing an indictable offence", although certain conditions must be met before taking such action. ![]() Police and various other officers have powers of arrest. ![]() An arrest is a procedure in a criminal justice system, sometimes it is also done after a court warrant for the arrest. After being taken into custody, the person can be questioned further and/or charged. A United States Army soldier arrests a man in June 2007, during the Iraq War.Īn arrest is the act of apprehending and taking a person into custody (legal protection or control), usually because the person has been suspected of or observed committing a crime.
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