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 Florida, an arrest or custodial arrest occurs when law enforcement takes a person into physical custody based on probable cause that the individual has committed a criminal offense. This is a more severe action than a temporary stop or detention, as it typically means the individual is not free to leave the presence of the police. The moment of arrest is critical because it triggers certain Constitutional rights and protections for the accused, such as the right to remain silent and the right to an attorney. While physical restraints like handcuffs are a clear indication of arrest, an arrest can also occur if the police use threats or intimidation to such a degree that a reasonable person would not feel free to leave. It is important for individuals in Florida to understand that an arrest represents a significant legal event with implications for their rights and freedoms.