What is required to make an actual arrest?

To make an actual arrest, the law requires probable cause. This means that law enforcement officers must have a reasonable belief, based on facts and circumstances, that a person has committed a crime or is committing a crime. Probable cause is a critical standard in the criminal justice system as it balances the need for public safety with individual rights. It provides the necessary legal justification for depriving an individual's liberty, a significant action that must be supported by sufficient evidence or information.

In contrast, mere suspicion does not meet this legal standard, as it does not provide enough concrete evidence to justify an arrest. Witness testimony might be useful in establishing the facts of a case but is not a strict requirement for making an arrest. Assumption of guilt is also not sufficient for an arrest, as police must rely on objective, observable facts rather than subjective beliefs or feelings about a person’s guilt. This focus on probable cause ensures that the decision to arrest is founded on a reasonable basis and adheres to constitutional protections against arbitrary arrest and detention.