Also known as: arrest · detention · arrested · detained · arrests · detentions · deprivation of liberty
Written by attorneys · grounded in primary & secondary sources — see below
The taking of a person into custody by law enforcement based on probable cause or a warrant. The process requires prompt judicial review when the arrest occurs without a warrant.
Arthur Abrams learns his associate committed a felony and immediately supplies a remote cabin along with false identification papers. Officers later locate the associate at the cabin and place him under arrest. The assistance Arthur provided directly enabled the associate to evade capture for several days.
Anthony Arnold is taken into custody by federal agents without a warrant after a drug transaction. Agents promptly file a complaint establishing probable cause in the district where the offense occurred. The magistrate reviews the complaint the next morning and confirms the arrest was supported by adequate facts.
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Anika Anand, an alien designated an enemy combatant, is held indefinitely at a military facility. Congress has barred traditional habeas corpus petitions. The court requires a substitute proceeding that permits Anika to contest the factual basis for detention and seek release.
Andre Antoine is arrested inside the district where the alleged offense took place. No magistrate judge is available that afternoon. A state judicial officer conducts the initial appearance and sets conditions of release.
Officers arrest Amelia Amari inside her home on an outstanding warrant. They possess specific facts indicating an armed accomplice may be hiding in a closet. The officers conduct a brief sweep limited to areas where a person could be concealed.
A prosecutor presents a sworn complaint and supporting affidavits to a judge. The documents establish probable cause that Alice Atkins committed the charged offense. The judge issues an arrest warrant directing officers to take Alice into custody.
A complaint establishing probable cause must be filed promptly in the district where the offense allegedly occurred. The filing triggers judicial review of the arrest.
Officers may sweep areas beyond the arrestee's immediate control when they hold a reasonable belief based on specific and articulable facts that the area harbors a person posing danger. The sweep is limited to places where a person may be found.
Any substitute must permit detainees to challenge the President's authority to detain them, contest military commission fact-finding, introduce newly discovered exculpatory evidence, and seek release.
…a licensed physician, sought and was granted leave to intervene in Roe's action. In his complaint he alleged that he had been arrested previously for violations of the Texas abortion statutes and that two such prosecutions were pending against him. He described conditions of patients who came to him seeking abortions, and…