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Not all detentions by the police amount to an arrest. The police may detain an individual in order to issue a citation, for example, for minor traffic infractions or for some criminal misdemeanors. A citation, once signed by the suspect, amounts to an agreement, in lieu of an arrest, to appear in court at a later date. This temporary detention is permissible but is not considered an arrest (although it may still trigger the police officerâs right to search the suspect, as explained below). How are People Arrested?
Once a bench warrant is issued, however, the police can treat it like any other arrest warrant -- and use it to bring the defendant back in front of the judge. (For more on failing to appear in court, see Bail Jumpingâor Failing to Appear After Bailing Out.) By contrast, the arrest warrant process is started by a police officer. The officer files a statement with the judge explaining why he believes that the person named has committed a crime (in legalese, the officer is showing probable cause to arrest the person). If the judge is convinced, she signs the warrant, and the police can make the arrest. That doesn't mean that police officers must go running back to court for arrest warrants for every purse-snatcher they see. Many arrests do not require a warrant at all. The most typical use of an arrest warrant is when an officer wants to nab an unsuspecting suspect in the comfort of his or her own home.