To apprehend someone, what must be established first?

To apprehend someone, establishing probable cause for taking that person into custody is essential. Probable cause refers to the reasonable grounds for believing that a crime has been committed and that the individual in question is involved in that crime. This standard is a fundamental principle in law enforcement, as it protects against arbitrary arrests and upholds the rights of individuals. It ensures that law enforcement officers have a legitimate reason to detain a person, which is necessary for any subsequent legal action.

In contrast, proof of intent to commit a crime, witness testimony, and legal representation are not prerequisites for making an arrest. While they may be relevant in the broader context of prosecution or legal proceedings, they do not serve as the foundational basis for establishing the right to apprehend someone. Probable cause must be present at the moment of arrest to ensure that the action taken by law enforcement is justified and lawful.