Question

Explain the circumstances under which an arrest may be made.

Answer 1

• An arrest occurs when a person has been taken into police custody and is no longer free to leave or move about. The use of physical restraint or handcuffs is not necessary.
• An arrest can be complete when a police officer simply tells a crime suspect that he or she is "under arrest", and the suspect submits without the officer's use of any physical force.
• The key to an arrest is the exercise of police authority over a person, and that person's voluntary or involuntary submission.
• A police officer may usually arrest a person in the following circumstances:
• 1.The Police Officer Personally Observes a Crime:-If a police officer personally sees someone commit a crime, the officer may arrest that individual.
• For example:While on street patrol, a police officer sees a purse snatching take place. The officer can apprehend and arrest the purse-snatcher, based on the officer's personal observation of a theft/larceny or robbery.
• 2.The Police Officer Has "Probable Cause" to Arrest:-When a police officer has a reasonable belief, based on facts and circumstances, that a person has committed or is about to commit a crime, the officer may arrest that person. This belief, known as "probable cause," may arise from any number of different facts and circumstances.
• For example:A police officer receives a report of an armed robbery that has just occurred at a liquor store, then sees a man who matches the suspect's exact description running down the street near the store.
• The officer detains and searches the man, finding a gun and a large amount of cash in his pockets. The officer can arrest the man, based on a probable cause belief that he committed a robbery.
• 3.An Arrest Warrant Has Been Issued:-When a police officer has obtained a valid warrant to arrest a person, the arrest is lawful. An arrest warrant is a legal document issued by a judge or magistrate, usually after a police officer has submitted a sworn statement that sets out the basis for the arrest.