Arrest is the act of taking a person into custody by force, usually by a police officer. In order to arrest someone, there needs to be probable cause to believe that a crime has been committed or that they will commit a crime in the near future. This is a higher standard than the reasonable suspicion that is required for detention.
When people are arrested, they lose their freedom of movement. For example, they cannot leave their home without being allowed back in. They also have to stay where the police want them. The police must inform the individual of their right to remain silent and the right to have an attorney present during interrogation (Rhode Island General Laws SS 12-7-2).
The chances that a person will be arrested varies by disability status, race/ethnicity, and gender. The highest chance of an arrest occurs in mid- to late adolescence.
There are many laws that protect individuals from arbitrary arrest and detention. The most important of these laws are the Fourth and Eighth Amendments to the U.S. Constitution and the European Convention on Human Rights. There are also laws that require that the police have a specific reason to take an individual into custody and that they must not use excessive force when making the arrest.
People in New York who are arrested will first be taken to the precinct that is their local jurisdiction for initial processing, which takes from 4 to 6 hours. They are then transferred to Central Booking at the criminal court in their county of arrest. The process of arraignment takes approximately 24 hours and will likely be the first time that a person who has been arrested will see friends or family members since they were initially taken into custody.
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