How is an "arrest" legally defined?

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The legal definition of an "arrest" is centered on the concept of taking an individual into custody by a person in legal authority, which includes police officers and other law enforcement officials. This encompasses not just a mere detention but a formal procedure where a person's liberty is restricted based on the suspicion of criminal activity. An arrest typically involves the acknowledgment by law enforcement that an individual is being taken into custody for the purpose of charging them with a crime, thereby impacting their freedom of movement.

In contrast, detaining a suspect for questioning is not the same as an arrest, as it may not involve taking them into custody for any formal charges. Issuing a citation for minor offenses refers to an alternative to arrest, where an individual is informed of an infraction and may be required to appear in court without being physically detained. Conducting a background check is unrelated to the concept of arrest and instead focuses on gathering information about an individual’s criminal history or qualifications.

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