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 New Jersey, 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. During an arrest, the individual gains certain Constitutional protections, such as the right to remain silent and the right to an attorney. The use of handcuffs or other physical restraints usually signifies an arrest, but an arrest can also occur if the police use threats or intimidation to such a degree that the person reasonably believes they are not free to go. New Jersey law enforcement 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.