What is the difference between detain and arrest?

In a detention situation, police keep a suspect in custody to interrogate and find out the facts of the crime. An arrest, on the other hand, is when the police apprehend someone for allegedly committing a crime. Suspects can only be detained if there is reasonable suspicion.

What happens when someone is detained?

If the person has been detained pending an investigation or questioning, he or she may remain in a local or county jail until read his or her Miranda Rights so he or she may acquire a lawyer. Being detained by police is often the first step before an investigation into a possible crime occurs.

Can the police detain you without arresting you?

The answer to this question is not as straight forward one might think. A lot of members of the public – and apparently some Police Officers themselves – assume that the Police can detain a person without arresting them, perhaps whilst they consider whether to formally arrest them or not.

Can a police officer keep you without probable cause?

The police cannot keep you without probable cause or reasonable suspicion. Asking whether you’re free to go will force their hand since if you are, that means they don’t have much on you for any crime or issue they’re pursuing. You also cannot be detained illegally.

What is unlawful police detention?

Unlawful police detention is when law enforcement, without legal justification, restricts a person’s freedom to leave. Doing so constitutes a civil rights violation based in the Fourth Amendment. That amendment to the U.S. Constitution prohibits officers from conducting unreasonable searches or seizures.

What does it mean to be free to go without arrest?

If you’re not being detained and you’re not being arrested, chances are you are free to go. The police cannot keep you without probable cause or reasonable suspicion. Asking whether you’re free to go will force their hand since if you are, that means they don’t have much on you for any crime or issue they’re pursuing.