Also known as: arrests · arrested · arresting · arrestee · arrester · arrestment · arrestatio · seizure · custody · attachment
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A seizure or forcible restraint of an individual by legal authority. The apprehension occurs to secure the administration of the law, typically by bringing the person before a court to answer a criminal charge.
A seizure or forcible restraint of an individual by legal authority. The apprehension occurs to secure the administration of the law, typically by bringing the person before a court to answer a criminal charge.
Ariana Azizi directs an innocent agent to enter a warehouse and remove crates of electronics while the owner is distracted by a staged emergency. Officers later arrest Ariana after the agent delivers the crates to her vehicle. The arrest stands because the taking was trespassory from the outset.
Anita Ali is arrested without a warrant for theft in the district where the offense occurred. Prosecutors promptly file a complaint establishing probable cause under Rule 4(a). The arrest remains valid and the case proceeds without dismissal.
The process by which a court obtains exclusive control over a vessel or its cargo in admiralty proceedings. Actual or constructive control satisfies the requirement for in rem jurisdiction.
Vessel arrest secures in rem jurisdiction by obtaining court control over the res itself, whereas personal arrest seizes an individual. Constructive control through delivery of artifacts or images can suffice for a vessel.
The process by which a court obtains exclusive control over a vessel or its cargo in admiralty proceedings. Actual or constructive control satisfies the requirement for in rem jurisdiction.
Each sense below has its own examples, sources, and questions.
Alfred Ashford is arrested inside his residence on drug charges. Officers, possessing specific facts indicating an armed associate may be hiding in the basement, conduct a limited sweep of areas where a person could be found. The sweep uncovers no additional occupants and yields no evidence.
Alice Atkins obtains an arrest warrant against her former spouse for violating a child-custody order issued by a court with proper jurisdiction. After service and opportunity to be heard, the arrest enforces the determination that binds the spouse on all decided issues of custody.
Alexis Archer is arrested following a domestic incident. In the ensuing custody proceeding the court evaluates all relevant factors, including each parent's conduct that affects the child, and awards custody based on the child's best interest after the arrest.
Aisha Ahmed's surviving spouse and minor children receive a family allowance from the estate after her arrest-related death. The allowance supports maintenance during administration and takes priority over most claims following the arrest.
An arrest involves taking a person into custody by legal authority for the purpose of bringing the individual before a court. Investigative detentions are temporary and require only reasonable suspicion rather than probable cause.
Officers may sweep areas beyond the arrestee's immediate control when they possess a reasonable belief, based on specific and articulable facts, that the area harbors an individual posing a danger. The sweep must be limited to places where a person may be found.
A complaint meeting the probable-cause requirements of Rule 4(a) must be filed promptly in the district where the offense was allegedly committed.
…to perform them without the control of any person. While the Secretary remains in office the President cannot take from his custody the seal of the United States nor prevent him from recording and affixing the seal to civil commissions of such officers as do not hold their offices at the will of the President after the…