How long can police legally detain you?

Asked by: Miss Vicenta Blanda V  |  Last update: May 13, 2026
Score: 4.2/5 (50 votes)

Police detention duration varies significantly but must be "reasonable," lasting minutes for brief stops or up to 24-72 hours (depending on state law) before charges or release, requiring either reasonable suspicion for temporary stops or probable cause for arrest, with extensions possible for serious crimes like murder, but generally ending if no charges are filed promptly.

What is the longest you can be detained?

How long you can be detained depends on the country and situation, but generally, police must release you or charge you within 24 to 48 hours (about 2 days) without a judge approving further detention for a probable cause hearing, though serious crimes or terrorism suspects can face longer periods, sometimes up to 14 or even 28 days, especially in the UK, with indefinite detention a possibility for terrorism in some places, violating human rights. For a brief investigative stop (Terry stop), detention must be short and reasonable, ending once the investigation is complete or probable cause for arrest is found. 

What is the longest police can hold you?

In most cases, the police can keep you in custody for up to 24 hours. During this time, officers will investigate the alleged offence, interview you, and decide whether to: Release you without charge (No Further Action) Release you on pre-charge bail while they continue investigating.

Can you walk away from being detained?

If the officer says that you are not being detained or you are free to leave, then you can walk away calmly. An arrest requires probable cause and occurs when a person is taken into custody by law enforcement officers. Law enforcement agents do not need a judge-signed warrant to arrest someone in public.

Can a cop detain me without telling me why?

A legal detention must be based on reasonable suspicion while an unlawful holding is without justification. If you're being detained with no valid reason you may be having your rights infringed upon.

DUI checkpoint refusal to answer cops

39 related questions found

What does 1042 mean in police code?

Police code 10-42 (or just 1042) most commonly means "Ending Tour of Duty" or "End of Watch," signaling an officer is finishing their shift, but it can also mean "Dead Person" in some systems, with meanings varying by jurisdiction, although the "end of shift" meaning is common for ceremonial occasions like retirements or funerals. It's part of the "Ten-Code" system for quick radio communication, though some departments use "plain language" now. 

How long can you stay in jail before trial?

The period of investigation and custody after the arrest of a criminal suspect shall not exceed two months. Cases that are complicated and cannot be terminated after the time limit expires may be extended for one month with the approval of the prosecutor's office at the next higher level.

Do investigations have a time limit?

The timeframe also depends on the statute of limitations for the crime – for example, federal cases have a five-year statute of limitations, allowing investigations to potentially continue for years. If you're being investigated for criminal charges, you likely want to know what to expect.

Can cops lie about detaining you?

Yes, but only in certain circumstances. The Supreme Court of the United States has ruled that police officers may use dishonest tactics during criminal investigations.

Why are the police taking so long to charge me?

Police can take a long time to file charges due to extensive investigations (evidence processing, digital forensics), prosecutor's office backlogs, resource limitations (staff shortages), waiting on lab results (like toxicology), strategic decisions (building a stronger case or waiting for plea deals), or the complexity of the case, with deadlines (statutes of limitation) varying by crime type but allowing significant time for investigation before charges are filed. 

Is detaining the same as arresting?

Being detained is a temporary hold based on reasonable suspicion for investigation (like a Terry stop), while arrested is a formal seizure based on probable cause to charge someone with a crime, leading to booking and charges. Key differences: detention needs less evidence (suspicion vs. probable cause), is usually brief, and Miranda rights often don't apply until arrest, which involves handcuffs, transport, and formal process. 

What is the 72 hour rule in jail?

The "72-hour rule" in jail refers to the time limit for law enforcement to bring an arrested person before a judge for their initial appearance (arraignment), where charges are formally presented, bail set, and counsel appointed; if no charges are filed within this period (excluding weekends/holidays), the person must be released, though this doesn't prevent future charges. It's a critical window for legal rights, especially for counsel and bail, and highlights the importance of early legal representation to potentially influence outcomes like lower bail or evidence preservation. 

How long are cops allowed to detain you?

Police can detain you for a reasonable time (minutes to hours) for investigation under reasonable suspicion (Terry Stop), but if they hold you without arrest for over 48 hours, a judge must generally find probable cause (County of Riverside v. McLaughlin). For formal arrest, you must be brought before a judge for an arraignment, often within 48 hours (excluding weekends/holidays), to determine probable cause for continued detention, or you must be released. 

What is the 90-day detention law?

The General Law Amendment Act, number 37 of 1963 (commenced 2 May), commonly known as the 90-Day Detention Law, allowed a South African police officer to detain without warrant a person suspected of a politically motivated crime for up to 90 days without access to a lawyer.

Can I refuse to unlock my phone for police?

Yes, you generally can refuse to give police your phone password, especially without a warrant, based on Fifth Amendment rights against self-incrimination, as courts often view passwords as "testimonial" evidence (information from your mind). However, police can get a warrant, and the legal landscape is complex, with courts split on compelling biometric unlocks (fingerprint/face ID) and some cases finding exceptions or different rules for parolees. 

What is the maximum time police can hold you?

24-hour detention limit

Police can hold you for up to 24 hours without charging you, giving them time to investigate and decide whether to proceed with charges.

How to tell if you're being set up by police?

Signs you might be set up by police include increased surveillance (unmarked cars, loitering strangers), police contacting your friends/family/coworkers, unusual digital activity (odd social media followers, ISP notices), sudden financial issues (frozen accounts), being approached by strangers offering illegal goods/services (potential informants), or receiving official documents like warrants/subpoenas, all indicating scrutiny, so stay calm, remain silent, and immediately contact a criminal defense attorney to protect your rights. 

How much is $20 worth in jail?

$20 in jail can buy small commissary items like soap, toothpaste, snacks, stamps, or phone time, making a significant difference for basic comforts, but it won't cover major needs or luxuries, as prison markups inflate prices, with an inmate often needing $50-$150 monthly for basics, but even $20 helps with hygiene and small food/phone boosts. 

What's the longest you can be on a jail call?

Call limitations vary depending on the prison's rules, but calls are typically limited to 15 minutes each, and inmates must wait 30 minutes before being allowed to make another call.

How long is too long to wait for a triaL?

Under California law: Misdemeanor trials must begin within 30 days if the defendant is in custody, or 45 days if not. Felony trials must begin within 60 days of the arraignment or preliminary hearing.

What is code 7 for cops?

Police code "7" varies significantly by agency, but most commonly means meal break/lunch (Code 7) or out of service/unavailable (10-7), though it can also indicate serious situations like a dead body, an intoxicated person, or even an officer in danger (Signal 7 in some areas), highlighting the need to check local protocols. 

What does 99 mean on a police report?

Each Patrol Station/Unit will use the number 99 in lieu of the reporting district number when the report being generated does not cover a crime or incident occurring in the Department's policing area.

What does 501 mean in police?

501. Drunk driving – felony (great bodily injury or death)