What is a Criminal Arrest?

An arrest simply means to seize something and limit its movement. Anyone can effectuate an arrest of someone who is violating the law. This is known as a criminal arrest. Police offers are empowered with the authority to effectuate an arrest and initiate criminal charges on behalf of the government.

What is the process for executing an arrest?

Law enforcement officers generally carry out arrests.

There must be probable cause for a government official to make an arrest. This may include observance of the criminal activity or based upon reliable evidence.

If an officer does not witness the illegal conduct or have immediate evidence in her possession regarding the commission of the crime, she must generally seek an arrest warrant prior to arresting a suspect.

A judicial officer (generally a magistrate judge) must hear evidence and make a determination as to whether probable cause exists to arrest someone.

If the magistrate determines that probable cause exists, she will issue an arrest warrant that empowers the police to arrest the individual.

The police must execute the arrest warrant within the terms of the authority granted by the judicial officer.