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 Hawaii, 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 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, it is also possible for an individual to be considered under arrest if they are subjected to coercion or intimidation by law enforcement that effectively restricts their freedom to depart. Hawaii state statutes and federal law outline the procedures and rights associated with an arrest, ensuring that individuals are protected under the Fourth Amendment against unreasonable searches and seizures and are afforded due process.