The definitions and examples of stop and arrest instances must be discussed to gain a better understanding of their key differences. In that way, a stop is a “brief detention of a person based on specific and articulable facts for the purpose of investigating suspicious activity” (Harr et al., 2017, p.225). On the other hand, an arrest is defined as “the taking of a person into custody, in the manner authorized by law, to present that person before a magistrate to answer for committing a crime” (Harr et al., 2017, p.264). Evidently, the main difference can be explained by the alternate extents of legal responsibility and rights of the person being investigated. Hence, a stop is appropriate in the cases of suspicions on criminal activity of an individual, while an arrest serves as the consequence of police officers acting on probable cause. At the same time, a stop has a different impact on the investigated individual compared to an arrest, which is related to the discussion of the distinction’s importance.
Due to the fact that a stop does not require a probable cause as an arrest does, police officers are limited in the extent to which they can investigate an individual. Therefore, such instances do not include the rights informing procedure (Harr et al., 2017). On the contrary, the process of arresting someone based on reasonable suspicion suggests prolonged taking into custody and the participation of an attorney. The rights of an individual are handled differently in the two cases. Consequently, the importance of the distinction between a stop and as arrest is related to the impact the legal measures have on one’s rights and further actions. Understanding the differences is essential for both sides of an investigating procedure to avoid engaging in criminal behavior.
Reference
Harr, J. S., Hess, K. M., Orthmann, C. H., & Kingsbury, J. (2017). Constitutional Law and the Criminal Justice System (7th ed.) [eBook edition]. Cengage Learning US. Web.