Whats an arrest?

[tom frazier]

What is the name of your state (only U.S. law)? MD

What constitutes an arrest?

[CdwJava]

Originally Posted by tom frazier

What is the name of your state (only U.S. law)? MD

What constitutes an arrest?

That can depend upon the context. An "arrest" for purposes of Miranda differs from that which might be considered an arrest for purposes of a pre-employment inquiry.

In general, an arrest occurs when a person is taken into custody. This requires either (1) that the person be physically restrained or at least touched, or (2) that the person submits to the officer's authority. (Hodari D. (1991) 499 U.S. 621, 626)

MD may have a more state specific definition.

- Carl