Editing Arrest (section)

==Procedure==
===India===

According to Indian law, no formality is needed during the procedure of arrest.<ref>{{cite web|title=Indian Kanoon -Shri D.K. Basu, Ashok K. Johri vs State of West Bengal, State of U.P|url=http://indiankanoon.org/doc/501198/|publisher=IndianKanoon.org|accessdate=12 September 2011|archiveurl= https://web.archive.org/web/20240314182959/http://indiankanoon.org/doc/501198/ |archive-date=March 14, 2024}}</ref> The arrest can be made by a citizen, a police officer or a Magistrate. The police officer needs to inform the person being arrested the full particulars of the person's offence and that they are entitled to be released on bail if the offence fits the criteria for being bailable.<ref>{{cite web|url=http://delhicourts.nic.in/CrPC.htm|title=CODE OF CRIMINAL PROCEDURE|accessdate=21 May 2016|archive-url=https://web.archive.org/web/20160507011409/http://delhicourts.nic.in/CrPC.htm|archive-date=7 May 2016|url-status=dead}}</ref> There is no general rule of eligibility or requirement that a police officer must handcuff a person who is being arrested. When there is a question regarding handcuffing a person, case law has stated that the choice to handcuff a person is dependent on the surrounding circumstances, and that officers should always take the proper precautions to ensure the safety of themselves, and the public.<ref>{{Cite news|url=http://intolegalworld.com/2017/09/27/handcuffing-is-it-really-easy-as-it-seems-to-be/|title=HANDCUFFING: IS IT REALLY EASY AS IT SEEMS TO BE - Into Legal World|work=Into Legal World|access-date=2017-12-07|language=en-US|archive-url=https://web.archive.org/web/20171208003746/http://intolegalworld.com/2017/09/27/handcuffing-is-it-really-easy-as-it-seems-to-be/|archive-date=8 December 2017|url-status=dead}}</ref>

===United States===

==== Distinction between arrest and detention ====
In the United States, there exists a distinction between an investigatory stop or detention, and an arrest. The distinction tends to be whether or not the stop is "brief and cursory" in nature, and whether or not a reasonable individual would feel free to leave.<ref>{{Cite web|url=https://www.law.cornell.edu/wex/terry_stop_stop_and_frisk|title=Terry Stop / Stop and Frisk &#124; Wex Legal Dictionary / Encyclopedia &#124; LII / Legal Information Institute|date=6 September 2015|archive-url=https://web.archive.org/web/20150906214229/https://www.law.cornell.edu/wex/terry_stop_stop_and_frisk |archive-date=6 September 2015 |url-status=dead }}</ref><ref>Terry v. Ohio, 392 U.S. 1(1968)</ref><ref>U.S. v. Vargas, 369 F.3d 98 (2d Cir. 2004)</ref><ref>In re Hoch, 82 A.3d 1167 (Vt. 2013).</ref><ref>United States v. Bullock, 632 F.3d 1004 (7th Cir. 2011)</ref><ref>{{Cite web|url=http://www.knowmyrights.org/knowledgebase/faq/police-encounters/what-is-the-difference-between-arrested-and-detained|title=What's the difference between being arrested and being detained? - Police Encounters - Know My Rights|website=www.knowmyrights.org|access-date=26 November 2019|archiveurl= https://web.archive.org/web/20230727202940/http://www.knowmyrights.org/knowledgebase/faq/police-encounters/what-is-the-difference-between-arrested-and-detained |archive-date=July 27, 2023}}</ref><ref>{{Cite web|url=https://www.coloradopolitics.com/courts/by-4-3-supreme-court-says-no-miranda-warning-necessary-for-man-repeatedly-told-he/article_33564170-bc50-11ed-86a7-afd466c0cfbb.html|title=By 4-3, Supreme Court says no Miranda warning necessary for man repeatedly told he was under arrest|author=Michael Karlik|website=Colorado Politics|date=6 March 2023|archiveurl= https://web.archive.org/web/20231211152320/https://www.coloradopolitics.com/courts/by-4-3-supreme-court-says-no-miranda-warning-necessary-for-man-repeatedly-told-he/article_33564170-bc50-11ed-86a7-afd466c0cfbb.html|archive-date=December 11, 2023}} </ref>

====Minor crimes and infractions====
When there exists [[probable cause]] to believe that a person has committed a minor crime, such as petty theft, driving on a suspended license, or disturbing the peace, law enforcement agents typically issue the individual a citation but do not otherwise detain them. The person must then appear in court on the date provided on the citation. Prior to the court date, the prosecution will decide whether to file formal criminal charges against the individual. When the accused appears in court, they will be advised if formal criminal charges have been filed. If charges are filed, they will be asked to plead guilty or not guilty at the initial court hearing, which is referred to as the [[arraignment]].<ref>{{Cite web|url=http://www.americanbar.org/content/dam/aba/migrated/publiced/practical/books/family/chapter_14.authcheckdam.pdf|title=Chapter 14 Criminal Justice |archive-url=https://web.archive.org/web/20150509040436/http://www.americanbar.org/content/dam/aba/migrated/publiced/practical/books/family/chapter_14.authcheckdam.pdf |archive-date=9 May 2015 |url-status=dead }}</ref>

====Arrests for serious crimes====
When a person is arrested for a serious crime, the defendant will have their picture taken and be held in [[Remand (detention)|pre-trial detention]]. Under certain circumstances (that is where the public won't be endangered by one's release from custody), the [[defendant]] may be entitled to release on [[bail]]. If the accused cannot post a monetary bail, they will appear at their arraignment where the judge will determine if the bail set by the schedule should be lowered.<ref>{{cite web|url=http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=01001-02000&file=1268-1276.5|title=CA Codes (pen:1268-1276.5)|access-date=21 May 2016|archive-url=https://web.archive.org/web/20160512184359/http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=01001-02000&file=1268-1276.5|archive-date=12 May 2016|url-status=dead}}</ref>

Also, in certain states, the prosecution has 48 hours to decide whether or not to file formal charges against the accused. For example, in California, if no formal charges are filed within the 48-hour period, the accused must be released from the arresting host's custody. If formal charges are filed, the accused will be asked to appear at their arraignment. At the arraignment, the accused will be asked to plead guilty or not guilty, and the judge will set a bail amount (or refuse to set bail) for the accused.<ref>{{cite web|url=http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=813-829|title=CA Codes (pen:813-829)|access-date=21 May 2016|archive-url=https://web.archive.org/web/20160512180414/http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=813-829|archive-date=12 May 2016|url-status=dead}}</ref>