Detainment / Arrest – Making the Arrest

Making the Arrest

If you should happen to be in a situation where an arrest is called for, you must tell the person he is under arrest, the charges, and by what authority you act. Once you affect the arrest {i.e., deprive him of his liberty or freedom of movement], you cannot discharge him; only a magistrate can do that. If he resists, you must then decide if reasonable force is necessary.

If you are legally detaining a person, you have the right to conduct a “frisk” of that person for your safety. Remember that you must be able to justify the “frisk” of that person as it relates to your safety. A “frisk” is defined as a “pat-down” search of a suspect designed to discover weapons, not to recover contraband. 

A FRISK IS NOT A FULL SCALE SEARCH OF THE PERSON.