An Arrest?

Question

Is it only an arrest if you are brought to a station, and you go through the process (mug shot, fingerprint, etc)? Like, if the officer brings you home without ever going to a police station, but you still have to go to court, does it count as an “arrest”? What makes it an “arrest”?

Answer 1

Arrested is getting read your Miranda rights.

You would know if you were being arrested, trust me, they tell you that part, lol.

Sounds to me like you were given a citation, not arrested.

Answer 2

You are not arrested unless you are read your rights and processed and placed behind bars.  

If the officer takes you home and you have a court date, then you have received a citation.  Your sentence/penalty/fine will be determined at your hearing on your court date.  Since the officer was nice enough to take you home, this does not count as an arrest (you were blessed).

Answer 3

ARREST - To stop; to seize; to deprive one of his liberty by virtue of legal authority.

Whether a detention was an investigatory stop or a full-blown arrest is a question of law subject to de novo review. See U.S. v. Diaz-Lizaraza, 981 F.2d 1216, 20-22 (11th Cir.'93). Courts have stated that '[i]n determining 'when' a person is arrested, we ask at what point, 'in view of all the circumstances surrounding the incident, a reasonable person would have believed he [she] was not free to leave.' ' U.S. v. Hastamorir, 881 F.2d 1551, 1556 (11th Cir.'89) (quoting U.S. v. Hammock, 860 F.2d 390, 93 (11th Cir.'88)); see also U.S. v. Vargas, 643 F.2d 296, 98 (5th Cir. Unit B'81); 2 John Wesley Hall, Jr., Search and Seizure 22:3 at p.87 (2d ed. '93). Strictly speaking, this particular formulation of the standard for determining whether an arrest has occurred is not a completely accurate statement of the law, for 'an investigatory stop is not an arrest despite the fact that a reasonable person would not believe he is free to leave.' (U.S. v. Hastamorir, 881 F.2d at 1556). This is so because even during an investigative stop, which by definition is not an arrest, it would be clear to a reasonable person so detained that he was not free to leave during the stop. See 2 LaFave, Section(s) 5.1(a) at 393 (1994 Supp. at 135).

Answer 4

Arrest has nothing to do with being read your rights or taken to a special location.

Arrest happens when you are told you are not free to go and you have been physically restrained. Physically restrained can be as little as an officer holding onto your arm or putting you into handcuffs.

Typically and arrest happens at the point the officer uses the word "arrest".

Answer 5

YES IT IS AN ARREST if the police officers brought you to the police station for the process as what you describe here. You are now official charge of the felony before you are to be brought to the police station and the usual routine of shots and fingerprinting. They will state the charge of the felony once arrest and your MIRANDA RIGHTS, right to remain silent, right to an attorney, etc.

IF THE POLICE OFFICERS BROUGHT YOU HOME, then there is no arrest involved and no charge whatsoever. Why would you have to go to court for?

AN ARREST if they brought you to the proper forum the police station not your house. And under going the routine of mug shots and finger printing procedure. That is an arrest.