The exact definition of arrest according to Frank Shmallegers book “Criminal justice a brief introduction.” Is defined as “Whenever a law enforcement officer restricts a person’s freedom to leave.” Arrests can be made for many different reasons such as if a vehicle or house is being searched under a warrant of course, law enforcement may put the people …show more content…
If someone commits a crime and the officer is on the scene and witnesses it, the officer will put the suspect under arrest for the sole reason to protect the public’s safety.
When someone is usually is stopped and being talked to by a law enforcement officer or questioned they usually done understand that they are free to just walk away. But in reality you are free to walk away. It is not until you are arrested or detained that the officer can stop you. It is when the officer is taking the action to prevent you from walking away that then you are being arrested. Which bring us to the next point did the officer have probable cause? Is the arrest considered legal and what determines whether or not an arrest is …show more content…
Usually before an arrest is made by an officer they should determine whether or not he or she believes they are making a lawful and legal arrest. Once the arrest is made and everything furthers, later on a judge can determine whether or not the officer really did have probable cause or not. If the officer was wrong and in fact did not have probable cause anything that was said by the suspect. Or the officer asked the suspect must be disregarded in the court, and will not be evaluated by the jury or rest of the court. Probable cause is also important because it can defend the officer from future lawsuits if the suspect is proven innocent later down the