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 York, 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 crime. This is a formal process that distinguishes from other interactions such as investigatory stops or detentions. During an arrest, the individual is not free to leave and is subject to the control of the police. The point of arrest triggers certain Constitutional rights, 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 without them if the individual reasonably believes they are not free to go due to police conduct, such as threats or intimidation. New York follows the federal standard that an arrest is typically lawful if based on probable cause, and any evidence obtained during an unlawful arrest may be suppressed. It is important for individuals to understand their rights upon arrest, including the right to a prompt arraignment and the right to be free from unreasonable searches and seizures.