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 West Virginia, 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 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 restraint, like handcuffs, is a clear indication of arrest, it is not the only one. Arrest can also occur through verbal commands or other forms of coercion that effectively restrain a person's freedom to walk away. West Virginia law enforcement must adhere to both state statutes and federal constitutional standards when making an arrest to ensure that the rights of the individual are protected.