What are Two Basic Types of Arrest?
When a law enforcement officer takes someone into custody, it is referred to as an arrest. An arrest is a significant event that can have a profound impact on an individual’s life. There are different types of arrests, but in this article, we will focus on the two basic types: Arrest with a Warrant and Arrest without a Warrant.
Arrest with a Warrant
An arrest with a warrant is when a law enforcement officer takes someone into custody based on a valid warrant issued by a judge or magistrate. A warrant is a legal document that authorizes the arrest of a specific individual for a specific crime. There are different types of warrants, including:
- Arrest Warrant: A warrant that authorizes the arrest of an individual for a specific crime.
- Search Warrant: A warrant that authorizes the search of a specific location or individual for evidence of a crime.
- Extradition Warrant: A warrant that authorizes the arrest and extradition of an individual who is wanted in another state or country.
When a law enforcement officer arrests someone with a warrant, they must:
- Read the warrant: The officer must read the warrant to the individual being arrested, informing them of the charges and the authority for the arrest.
- Take the individual into custody: The officer must take the individual into custody and transport them to a police station or other secure facility.
- Book the individual: The officer must book the individual, which involves taking their fingerprints, photograph, and other identifying information.
Arrest without a Warrant
An arrest without a warrant is when a law enforcement officer takes someone into custody without a valid warrant. This type of arrest is often referred to as a Citizen’s Arrest or a Police Officer’s Arrest.
There are different circumstances under which a law enforcement officer may arrest someone without a warrant, including:
- Probable Cause: When an officer has probable cause to believe that an individual has committed a crime, they may arrest them without a warrant.
- Consent: When an individual gives their consent to be arrested, an officer may take them into custody without a warrant.
- Self-Defense: When an officer is in danger or believes they are in danger, they may arrest someone without a warrant to protect themselves.
When a law enforcement officer arrests someone without a warrant, they must:
- Inform the individual of their rights: The officer must inform the individual of their right to remain silent, their right to an attorney, and their right to a prompt release.
- Take the individual into custody: The officer must take the individual into custody and transport them to a police station or other secure facility.
- Book the individual: The officer must book the individual, which involves taking their fingerprints, photograph, and other identifying information.
Comparison of Arrest with a Warrant and Arrest without a Warrant
Here is a comparison of the two basic types of arrests:
| Arrest with a Warrant | Arrest without a Warrant | |
|---|---|---|
| Authority: | Issued by a judge or magistrate | Issued by a law enforcement officer |
| Reason: | Specific crime or offense | Probable cause, consent, self-defense |
| Procedure: | Read the warrant, take into custody, book | Inform of rights, take into custody, book |
| Evidence: | Typically requires more evidence | Typically requires less evidence |
Conclusion
In conclusion, there are two basic types of arrests: arrest with a warrant and arrest without a warrant. An arrest with a warrant is when a law enforcement officer takes someone into custody based on a valid warrant issued by a judge or magistrate. An arrest without a warrant is when an officer takes someone into custody without a valid warrant, often based on probable cause, consent, or self-defense. Understanding the differences between these two types of arrests is important for individuals who may be subject to arrest, as well as for law enforcement officers who are responsible for making arrests.
Key Takeaways
- An arrest with a warrant is when a law enforcement officer takes someone into custody based on a valid warrant issued by a judge or magistrate.
- An arrest without a warrant is when an officer takes someone into custody without a valid warrant, often based on probable cause, consent, or self-defense.
- When a law enforcement officer arrests someone with a warrant, they must read the warrant, take the individual into custody, and book them.
- When a law enforcement officer arrests someone without a warrant, they must inform the individual of their rights, take them into custody, and book them.
- Understanding the differences between these two types of arrests is important for individuals who may be subject to arrest, as well as for law enforcement officers who are responsible for making arrests.
