Legal Terms

arrest

A situation in which the police detain a person in a manner that, to any reasonable person, makes it clear she is not free to leave. A person can be "under arrest" even though the police have not announced it; nor are handcuffs or physical restraint necessary. Questioning an arrested person about her involvement in or knowledge of a crime must be preceded by the Miranda warnings if the police intend to use the answers against the person in a criminal case. If the arrested person chooses to remain silent, the questioning must stop.