ABSTRACT
"Arrest" is the governmental seizure of a person. The legal concept of "arrest" is governed primarily by the Fourth Amendment to the US Constitution, to some extent by the Fifth and Fourteenth Amendments, and by certain decisions of the US Supreme Court. "Arrest" may or may not be accompanied by a statement by police that an individual is under arrest. The Supreme Court established a test for determining whether an individual is under "arrest" in Florida v. Bostick, 501 US 429. Terrance Bostick was a passenger on a bus traveling from Miami, Florida, to Atlanta, Georgia. People often associate the action of being placed in handcuffs with the action of arrest; sometimes that is the case but not always. Both the Fifth and Fourteenth Amendments require "due process" before individuals can be deprived of their life, liberty, or property. The Constitution requires both "substantive" due process and "procedural" due process.
