Many people think of an arrest as being a formal declaration by the police, "You
are under arrest," followed by the reading of the "Miranda rights". (As seen on
TV: "You have the right to remain silent. Anything you say can and will be used
against you in a court of law. You have the right to an attorney. If you cannot
afford an attorney, one will be appointed to represent you.")
Reality is a bit more complicated. An arrest occurs when a person no longer
reasonably expects that he is free to leave. A "Terry Stop" is not an arrest, even
though the person can't leave during the investigatory questioning, as the
detention is of short duration and is limited in its scope. (A "Terry Stop" may
involve little more than a short series of questions, such as, "What is your name?
Where do you live? Why are you here?") However, if a person is not allowed to
leave the scene for an extended period of time, the person may be considered to
be "under arrest," even though those words are never used. If a person is
handcuffed, is locked in the back of a police car, or is otherwise restrained from
leaving, the person will ordinarily be considered to be "under arrest."
