Arrest

Arrest refers to a situation in which the law enforcement officers detain a person in a manner that, to any reasonable person, makes it clear that he or she is not free to leave. A person can be considered under arrest even if the police have not announced it. In addition, it is not necessary that the officers have placed handcuffs or some other physical restraint in order for a person to be considered under arrest. Questioning an arrested person about his or her involvement in or knowledge of a crime must be preceded by the Miranda warnings if the officers intend to use the answers against the person in a criminal case. If the arrested person chooses to remain silent, the questioning must stop. Also, if the arrested person requests a lawyer, all questioning must stop and can only continue after the arrestee's lawyer is present.

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