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An Arrest Occurs When an Officer Deprives a Person of Liberty in a Significant Way

By Walin & Klarich

Lessons From a Criminal Defense Attorney The traditional definition of arrest by an officer includes the following elements: (1) intent to arrest communicated by words or actions of the officer; (2) show of the officer's authority; (3) submission to custody or sufficient force to achieve custody by the officer; and (4) the person's understanding that he or she is under arrest. California statutorily defines an arrest as "taking a person into custody, in a case and in the manner authorized by law." Each citizen is entitled to certain fundamental constitutional rights. An arrest occurs when an officer deprives a person of one of those fundamental rights in a significant way.

Full post as published by Southern California Criminal Defense Blog on July 25, 2009 (boomark / email).