What distinguishes Protective Custody from an arrest?

Protective custody is distinct from an arrest primarily because it does not involve the level of legal authority and legal implications that an arrest does. While an arrest typically leads to a criminal charge and is initiated based on probable cause, protective custody is often enacted to safeguard an individual who may be in danger or unable to care for themselves, such as someone who is intoxicated or experiencing a mental health crisis.

In protective custody, the detained individual is often not being charged with a crime, and the focus is generally on ensuring their safety rather than imposing punitive measures. Therefore, stating that it is not considered an arrest aligns accurately with the fundamental nature of protective custody – it is a preventive measure aimed at protection rather than a legal process aimed at prosecution.