Distinguishing between Stop and an Arrest - Essay Example

If the purpose of the check was to ensure the safety of oneself and others around due to suspicion of the presence of a weapon, then the check is considered a stop. The check would be considered an arrest if the main purpose was only to determine the presence of a weapon where there is no evidence of harm being caused.

MannerThe manner also plays an important role. If the check is limited to a pat down of outer clothing wherein the intrusion is minimal, then it is treated as a stop. If the check is not just limited to a pat down and involves a full body search or similar wherein there is a significant intrusion, then it would be considered an arrest (Worrall & Hemmens, 2005).LocationIf a person is investigated in a public place then it is more likely a frisk even though it is not limited to it and other factors need to be considered.

If a person is taken to a private place away from the initial location, then it constitutes an arrest. Therefore, the above four factors are employed in distinguishing between an arrest and a stop.