ABSTRACT
The laws of the United States relating to arrest have developed over several centuries and are based primarily on the common law of England. Before the criminal justice process can begin, a person must come within the custody and control of the law. At common law, an arrest could be made for an offense less than a felony only if the crime was committed in the officer’s presence. In some instances, an arrest immediately follows a detention—for example, when a person is detained and the officer discovers additional information that gives him or her probable cause to make an arrest. The statutes differ as to the authority to arrest for a misdemeanour committed outside the officer’s presence. However, in some states, including Illinois, peace officers have the authority to make a misdemeanour arrest on reasonable grounds to believe that the person is committing or has committed an “offense.”
