According to the Code of Criminal Procedure, what defines a person's arrest?

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The definition of a person's arrest under the Code of Criminal Procedure focuses on the concept of taking an individual into custody. When a person is arrested, it signifies that they are not free to leave and are under the control of law enforcement officers. This is a formal process often characterized by the use of handcuffs, transportation to a detention facility, and the intention to bring the individual before a court to address alleged criminal conduct.

Taking someone into custody is a critical legal action that typically follows certain procedures, ensuring that the rights of the individual are respected while law enforcement fulfills their duties. In contrast, options such as issuing a verbal warning, a ticket, or applying a monitoring device do not constitute an arrest because they do not involve the person being taken under law enforcement control in a manner that restricts their freedom of movement. These alternative measures may be associated with law enforcement encounters but do not meet the legal threshold for an arrest as outlined in the Code of Criminal Procedure.

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