Arrests are made by law enforcement officers with probable cause or an arrest warrant. Lawful arrests involve physical detention pending legal action, while citizen’s arrests can result in charges if not done correctly. Wrongful arrests occur without adequate evidence, while malicious arrests are deliberate acts of malice.
An arrest is the process of apprehending a person suspected or accused of a criminal act. There are a variety of situations where police officers or law enforcement officers can make lawful arrests, and in the United States this is usually allowed with probable cause or through the execution of an arrest warrant. Once arrested, an individual is typically detained in accordance with a country’s regional and federal laws. Malicious arrests and wrongful arrests are forms of arrest where inadequate evidence is presented for the arrest of a suspect or when the detention is carried out for malicious reasons.
Lawful arrests are typically made by a police officer or other member of a law enforcement agency. This type of arrest involves an individual suspected of committing a crime being physically arrested and detained pending further legal action. For a lawful arrest to occur, a police officer in the United States must typically have probable reason to suspect a person of committing a crime or execute a warrant issued by a judge. The police officer or law enforcement officer who conducts the arrest is usually referred to as the arresting officer.
A citizen’s arrest is a process by which a citizen who is not part of a recognized law enforcement agency can arrest someone who has been seen to be committing a crime. The conditions under which this type of arrest can be made can be quite complicated, however, and if not done correctly, the person who arrests someone can be charged with kidnapping, false imprisonment, and impersonating a police officer. Arrests of citizens should, therefore, be made infrequently and instead law enforcement officers should be notified of a crime whenever possible. In some areas, a manager or business owner may place someone caught in the act of shoplifting in “investigative detention” until the police arrive.
When arrests are not made lawfully, they are usually referred to as wrongful or malicious arrests. A wrongful arrest, sometimes called a false arrest, usually occurs when someone is arrested without adequate evidence against him or her. This could be the result of a misrepresentation of a suspect by a witness or a law enforcement officer arresting a person without sufficient probable cause. An arson arrest, on the other hand, usually occurs as a deliberate act of malice against another person, such as a law enforcement officer arresting a person because of a personal grievance.
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