What is ARREST? Definition of ARREST in Black's Law Dictionary
To deprive a person of his liberty by legal authority. Taking, under real or assumed authority, custody of another for the purpose .of holding or detaining him to answer a criminal charge or civil demand. Ex parte Sherwood, 29 Tex.App. 334, 15 S.W. 812. Physical seizure of person by arresting officer or submission to officer's authority and control is necessary to constitute an "arrest." Thompson v. Boston Pub. Co., 285 Mass. 344, 189 N.E. 210, 213. It is a restraints however slight, on another's liberty to come and go. Turney v. Rhodes, 42 Ga.App. 104, 155 S.E. 112. It is the taking, seizing or detaining the person of another, touching or putting hands upon him in the execution of process, or any act indicating an intention to arrest. U. S. v. Benner, Bald. 234, 239, Fed.Cas.No.14,568; State v. District Court of Eighth Judicial Dist. in and for Cascade County, 70 Mont. 378, 225 P. 1000, 1001; Hoppes v. State, 105 P.2d 433, 439, 70 Okl.Cr. 179.
As used in Bankruptcy Act, § 9 (11 USCA § 27), arrest includes "imprisonment." Ex parte Harrison, D.C.Mass., 272 F. 543, 544.
One of the means which the law gives the creditor to secure the person of his debtor while the suit is pending, or to compel him to give security for his appearance after judgment. La.Code Pr c. art. 210.
As ordinarily used, tAe terms arrest and attachment coincide in meaning to some extent; though in strictness, as a distinction, an arrest may be said to be the act resulting from the service of an attachment. And in the more extended sense which is sometimes given to attachment, including the act of taking, it would seem to differ from arrest in that it is more peculiarly applicable to a taking of property, while arrest is more commonly used in speaking of persons.
Arrest is also applied in some instances to a seizure and, detention of personal chattels, especially of ships and vessels; thus, in admiralty actions a ship or cargo is arrested when the marshal has served the writ in an action in rem. Pelham v. Rose, 9 Wall. 103, 19 L. Ed. 602.
Civil Practice
The apprehension of a person by virtue of a lawful authority to answer the demand against him in a civil action. Gentry v. Griffith, 27 Tex. 462.
Criminal Cases
The apprehending or detaining of the person in order to be forthcoming to answer an alleged or suspected crime. Ex parte Sherwood, 29 Tex.App. 334, 15 S.W. 812.
The word arrest is said to be more properly used in civil cases, and apprehension in criminal. Thus, a man is arrested under a capias ad respondendum, and apprehended under a warrant charging him with larceny.
Malicious Arrest
An arrest made willfully and without probable cause, but in the course of a regular proceeding.
Parol Arrest
One ordered by a judge or magistrate from the bench, without written complaint or other proceedings, of a person who is present before him, and which is executed on the spot; as in case of breach of the peace in open court.
Rearrest
Right of an officer to take without warrant one forcibly freeing himself after arrest. Gross v. State, 186 Ind. 581, 117 N.E. 562, 1 A.L.R. 1151, or escaping in any manner, Hefler v. Hunt, 120 Me. 10, 112 A. 675, or violating parole, Massey v. Cunningham, 169 Ark. 410, 275 S.W. 737, or failing to respond to bond for appearance, Porter v. Garmony, 148 Ga. 261, 96 S.E. 426.
Second Arrest
The "second arrest" forbidden after discharge on habeas corpus means an imprisonment based on the same information and not under a new information followed by a lawful warrant. State v. Riley, 109 Minn. 437, 124 N.W. 13. See, also, Stair v. Heska Amone Congregation, 128 Tenn. 190, 159 S.W. 840, 841.
Warrant of Arrest
A written order issued and signed by a magistrate, directed to a peace officer or some other person specially named, and commanding him to arrest the body of a person named in it, who is accused of an offense. Brown v. State, 109 Ala. 70, 20 So. 103.
More On This Topic: ARREST OF JUDGMENT - Black's Law Dictionary
---
That's the definition of ARREST in Black's Law Dictionary - Courtesy of Cekhukum.com.
