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An arrest is using legal authority to deprive a person of his or her freedom of movement. An arrest is generally made with an arrest warrant. An arrest may be made without a warrant if probable cause and exigent circumstances are presented at the time of the arrest. Probable cause is a reasonable belief of the police officer in the guilt of the suspect, based on the facts and information prior to the arrest.
The Latin term capias literally means âyou are to seize,â or âyou should seize,â and is commonly used in the U.S. legal system to refer to a warrant issued by a judge directing law enforcement to arrest a specified person. Capias warrants are most commonly issued when a criminal defendant fails to appear in court for a scheduled hearing. By having police officers take the individual into custody, a judge can guarantee he appears in court. To explore this concept, consider the following capias definition.