Texas Commission on Law Enforcement (TCOLE) Practice Exam

A person is considered under arrest when they are taken into custody. This means that their freedom of movement is significantly curtailed by law enforcement, indicating that they are no longer free to leave. This involves a physical restraint or a show of authority that leads the individual to reasonably believe they are not free to go.

While receiving a ticket may indicate a traffic violation or infraction, it does not equate to a full custodial arrest, as the individual is usually free to leave after receiving the citation. When an officer simply approaches someone, it does not automatically mean an arrest is taking place; this could be for various reasons, including questioning or investigation. Additionally, being informed of charges is not synonymous with being under arrest; it is part of the legal process that follows an arrest but does not define the arrest itself. Thus, the criteria for being "under arrest" clearly align with the concept of being taken into custody.