{"id":352408,"date":"2023-12-03T00:47:35","date_gmt":"2023-12-03T05:47:35","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-rights\/when-is-an-arrest-a-legal-arrest.html"},"modified":"2023-12-03T00:47:35","modified_gmt":"2023-12-03T05:47:35","slug":"when-is-an-arrest-a-legal-arrest","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-rights\/when-is-an-arrest-a-legal-arrest.html","title":{"rendered":"When Is an Arrest a Legal Arrest?"},"content":{"rendered":"\n
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When Is an Arrest a Legal Arrest?<\/h1>\n
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\n By Samuel Strom, J.D.<\/a> | Legally reviewed by Rhonda Earhart, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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For an arrest to be legal, it must be based on either the officer witnessing a crime, having probable cause, or possessing a valid arrest warrant. Probable cause is a key element, requiring sufficient evidence to believe the person committed a crime. This balances law enforcement duties with citizens’ rights.<\/p>\n\n <\/div>\n\n

The U.S. Constitution protects against unreasonable searches and seizures and ensures arrests are conducted lawfully. If an officer makes an arrest without probable cause, the arrestee has the right to challenge it in court,<\/a> which<\/span> can potentially lead to a release from custody.<\/p>\r\n

It’s natural to feel nervous during an encounter with the police. Many people are unsure what to say and afraid of saying or doing the wrong thing. If you or a loved one was arrested and you believe the arrest was unlawful, legal help is available. A criminal defense attorney<\/a> in your area can review the circumstances of your arrest and determine if it violated your constitutional rights.<\/p>\r\n

This article explains what it means for police officers to arrest someone. Specifically, it covers:<\/p>\r\n