Arrest or custodial arrest is the process in which the police take physical possession or custody of a person whom they have probable cause to believe committed a criminal offense. Arrest is distinguishable from other circumstances in which the police stop, detain, or otherwise interact with persons because it is generally the point at which a person is not free to leave or walk away from the police. Arrest is also the point at which some Constitutional rights and protections are provided to the accused. A person who is placed in handcuffs or otherwise physically restrained is clearly under arrest—but in some circumstances a person may be under arrest due to threats or intimidation from the police.
In Connecticut, an arrest or custodial arrest occurs when law enforcement takes physical custody of an individual based on probable cause that the person has committed a criminal offense. This is a more severe action than a mere stop or detention, as it typically means the individual is not free to leave the presence of the police. The moment of arrest triggers certain Constitutional rights for the accused, such as the right to remain silent and the right to an attorney. While physical restraint, like handcuffs, is a clear indication of arrest, an arrest can also occur without physical restraint if the individual reasonably believes they are not free to leave due to police coercion or intimidation. Connecticut law enforcement officers must adhere to state statutes and federal law, including the Fourth Amendment of the U.S. Constitution, which protects against unreasonable searches and seizures, when making an arrest.