An Arrest Occurs When an Officer Deprives a Person of Liberty in a Significant Way

By: Wallin & Klarich

Lessons From a Criminal Defense Attorney

The traditional definition of arrest by an officer includes the following elements: (1) intent to arrest communicated by words or actions of the officer; (2) show of the officer’s authority; (3) submission to custody or sufficient force to achieve custody by the officer; and (4) the person’s understanding that he or she is under arrest.

California statutorily defines an arrest as “taking a person into custody, in a case and in the manner authorized by law.”

Each citizen is entitled to certain fundamental constitutional rights. An arrest occurs when an officer deprives a person of one of those fundamental rights in a significant way.

If you have questions about whether your constitutional rights may have been violated, or any other criminal defense related questions, contact the skilled San Diego criminal defense lawyers from Wallin & Klarich for a consultation at 1-888-280-6839. Also, visit us online at

Posted In: Criminal Defense