Arrest: What Does It Mean

We all know that it is not a good thing to be arrested by
the police, whether for domestic violence, drugs, DUI
with injury, assault and battery or any other crime. And most of us have
had some kind of encounter with the police where we weren’t necessarily free to
leave. So when does the situation where we are not free to leave transform into
an arrest? Does this transformation occur when the officer actually tells the
defendant that they are under arrest? Or does it begin when the defendant is
told of their right to an Orange
County criminal defense attorney?

Penal Code Section 834 defines an arrest as “…taking a
person into custody”. Penal Code Section 835 expounds on this by stating “an
arrest is made by actual restraint of the person, or by submission to the
custody of an officer”. So an arrest doesn’t happen when an officer utters some
magic words, but rather when the officer actually takes the person into custody
for hit and run,
drug sales, grand theft or whatever other crime they are suspected of
committing. Once a person is arrested, there is no requirement that the officer
advise them of their rights to remain silent or to consult with an Orange County criminal defense lawyer.

So, the components of arrest are 1) a taking of the suspect
into custody; and 2) actual restraint or submission to custody. When this
occurs, the seizure of the person is considered an arrest and not a temporary
detention. This is very important because the legal justification required for
an arrest is much greater than that required for a temporary detention. criminal defense attorneys in Orange
County know that the police can temporarily detain someone when they have a
reasonable suspicion based on articulable facts that the person detained is
involved in criminal activity. This is a much lower threshold than the probable
cause required for an arrest. Thus, if an officer is temporarily detaining
someone for domestic violence, hit and run, burglary, auto theft or any other
crime, and the temporary detention becomes an arrest, the officer must meet the
higher standard of probable cause.

Whether or not the officer had probable cause to arrest is
important because it bears directly on the issue of what evidence can be used
in court against the defendant. Although a person cannot resist an unlawful
arrest, the arrest must be lawful in order for any evidence that came about as
a result of the arrest to be used against the defendant in court. (Gikas
v. Zolin 6 Cal.4^th 841) Thus, if the arrest was unlawful,
the defendant’s Orange County
criminal defense attorney can bring a motion to suppress any evidence that
resulted from the unlawful arrest. This includes any observations or sensate
impressions perceived by the officer. Suppression of critical evidence often
leaves the District Attorney with insufficient evidence to prosecute the case,
resulting in a dismissal.

If you’ve been arrested for theft, battery on a peace
officer, or any other crime, call The Law Offices of EJ Stopyro at (949)
559-5500 for a free and confidential consultation with an experienced criminal
defense lawyer. You can also visit us online at www.ejesquire.com. We have offices at 32072
Camino Capistrano, 2^nd floor, San Juan Capistrano, CA 92675 and at
1901 Newport Blvd. Suite 350, Costa Mesa, CA 92675.