What distinguishes an actual arrest from a warrantless arrest based on probable cause?

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Multiple Choice

What distinguishes an actual arrest from a warrantless arrest based on probable cause?

An arrest is taking someone into custody, depriving them of their liberty for the purpose of charging them with a crime. That act can happen with a warrant or without one. A warrantless arrest based on probable cause is allowed when the officer has enough facts to believe the person committed a crime, so the arrest can occur without a warrant. This captures the practical distinction: the arrest itself is the same act of taking the person into custody, but no warrant is needed if probable cause exists. The other options misstate the rule. An actual arrest does not always require a warrant, and a warrantless arrest does not require consent.

An arrest is taking someone into custody, depriving them of their liberty for the purpose of charging them with a crime. That act can happen with a warrant or without one.

A warrantless arrest based on probable cause is allowed when the officer has enough facts to believe the person committed a crime, so the arrest can occur without a warrant. This captures the practical distinction: the arrest itself is the same act of taking the person into custody, but no warrant is needed if probable cause exists.

The other options misstate the rule. An actual arrest does not always require a warrant, and a warrantless arrest does not require consent.

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