An arrest occurs when a person no longer reasonably expects that he is free to leave. A "Terry Stop" is not an arrest, even though the person can't leave during the investigatory questioning, as the detention is of short duration and is limited in its scope. (A "Terry Stop" may involve little more than a short series of questions, such as, "What is your name? Where do you live? Why are you here?") However, if a person is not allowed to leave the scene for an extended period of time, the person may be considered to be "under arrest," even though those words are never used. If a person is handcuffed, is locked in the back of a police car, or is otherwise restrained from leaving, the person will ordinarily be considered to be "under arrest."
While a "Terry Stop" can be made upon "reasonable suspicion" that a person may have been engaged in criminal activity, an arrest requires "probable cause" that a suspect committed a criminal offense.Probable cause exists when "the facts and circumstances within the arresting officer's knowledge are
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it doesn't really do much in this case... just good knowledge to have. but you need to know the legal definition of arrest if you ever get to the point where you're in court and you want to prove an unlawful arrest. and yeah, you can file a complaint, too. you could also sue the ACSD.
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While a "Terry Stop" can be made upon "reasonable suspicion" that a person may have been engaged in criminal activity, an arrest requires "probable cause" that a suspect committed a criminal offense.Probable cause exists when "the facts and circumstances within the arresting officer's knowledge are ( ... )
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