Arrest is a legal term used to describe taking someone into custody, usually because they have been suspected of or seen committing a crime. The Constitution’s Fourth Amendment authorizes police officers to deprive people of their freedom only if they have probable cause, which is more than just a hunch or suspicion and must be based on specific facts.
An arrest is considered complete when an individual is no longer free to walk away from the officer, which can happen well before they arrive at a police station. During the arrest process, individuals are often handcuffed and may be taken to a police station for further processing (known as “booking”).
After booking, an individual’s personal items are often inventoried and kept by law enforcement until they can be returned to the person who was arrested. Individuals who are arrested may also be fingerprinted and photographed.
While an arrest doesn’t always lead to criminal charges, it does carry consequences that can last a lifetime. A criminal record can make it difficult to find employment, especially in careers that require background checks or security clearances. Being arrested can also create a social stigma that leads to deteriorating relationships and isolation from family, friends, and community members.
You have the right to remain silent and you can request a lawyer before you are questioned. You should remember that anything you say can be used against you in court, so it is important to speak with a defense attorney before answering any questions.