What does detain mean in criminal law?
Asked by: Prof. Jaunita VonRueden II | Last update: March 31, 2025Score: 4.1/5 (52 votes)
In criminal law , to detain an individual is to hold them in custody , normally for a temporary period of time . Police in the United States, under Supreme Court precedent in Terry v.
Is detaining the same as arresting?
What is Detention in California? Definition: A temporary hold or stop by law enforcement to investigate possible criminal activity. Detention does not mean you're under arrest.
What does it mean if someone was detained?
Being detained means a police officer temporarily suspends your freedom while they question you or search you or your vehicle. Police have a right to detain you if they have reasonable suspicion that criminal activity has occurred, is occurring, or is about to occur.
What is an example of being detained?
Detention is meant to be brief and allows officers to ask questions or conduct a quick investigation. A common example is being stopped for questioning during a traffic stop or in a public place. Although you are not free to leave during detention, you haven't been arrested yet.
What happens when you get detained?
At the precinct, a police officer will interview you and ask for “pedigree” information, including your name, address, date of birth, Social Security number, etc. Once you have been fingerprinted you will be taken to Central Booking and processed for arraignment, which is an appearance before a judge.
Officer, Am I Free to Go?
How long can you be legally detained?
Most states allow prosecutors up to 72 hours after an arrest to file charges, although some states, like California, allow only 48 hours. If the prosecutor fails to bring charges within this time limit, the court has to release you. Failure to do that is a violation of your rights.
How long does detained last?
An investigative detention may last anywhere from a few seconds to more than an hour, though there is no absolute time limit for a detention. However, it “must be temporary and last no longer than is necessary to effectuate the purpose of the stop…” United States v.
Can a cop detain you without telling you why?
Police may briefly detain a pedestrian if they have at least reasonable, articulable suspicion that the pedestrian is involved in current or imminent criminal activity. (Note that while they must have specific, articulable facts to support this suspicion, they do not have to share those facts with you).
Can you be handcuffed while being detained?
Yes. Anytime someone is detained, an officer can handcuff them for mutual protection if it is believed to be necessary.
What is the meaning and sentence of detain?
a particular fact or item of information, often noticed only after giving something your close attention, or such facts or items considered as a group: [ C ] We have a report of a serious accident on Route 23, but so far no details.
Can you refuse to be handcuffed?
You are being arrested. This can be accomplished with reasonable force. It is not your choice to refuse to be handcuffed like you are deciding between soup and salad at a restaurant.
What does detained do?
Detainment. Detainment refers to the act of a law enforcement officer temporarily keeping an individual in custody without an arrest, to conduct an investigation, make an inquiry, or prevent an imminent crime.
What does detention only mean in jail?
DETENTION ONLY RELEASE: Inmates on whom criminal charges are not. filed within 48 hours of arrest shall have open charges dispositioned as a "Detention. Only." ( Refer to Penal Code Sections 825 and 851.6) Staff shall issue detention certificates to inmates whose release dispositions are "Detention Only".
What is the purpose of detain?
The Purpose of a Detention
An officer might detain a person because they suspect that an individual was committing, has committed, or is about to commit a crime. The officer may stop the individual to ask about where they are coming from, where they are going, and what they're doing.
What is the action of detaining someone?
Temporary detention - When an officer intentionally, through words, actions, or physical force, causes an individual to reasonably believe he/she is required to restrict his/her movement without an actual arrest. Temporary detentions also occur when an officer actually restrains a person's freedom of movement.
What is a motion to detain?
A motion is a formal request to the judge. In this case, the Government is asking the court to make a finding that you must stay in jail until your trial. The motion will include the Government's reasons for their request.
How long can you be detained for?
If arrested or called in for questioning, California Penal Code Section 825 states that defendants must be brought before a judge within 48 hours to determine whether they will be charged or released. In other words, you can be held for 48 hours without charges.
Can a cop handcuff you without reading your rights?
The police are not required to read your Miranda rights at the time of the initial arrest unless they intend to interrogate you at that moment. In most cases, the Miranda warning is only required once you are in police custody and facing interrogation.
How long can you be handcuffed?
There is no set time limit for having a suspect handcuffed. As long as the situation takes, suspects remain cuffed. In some situations, if you were being held at the scene, police may determine you are not the suspect and remove the cuffs and release you.
What do the police not want you to know?
Right to Remain Silent
This right is probably the most known of all. You have the right to remain silent when being questioned by the police. Anything you say or do can be used against you. You have the right to have legal representation at the time of any police interrogation.
How do you know if cops are watching your Facebook?
If you are getting an influx of new and unknown friend requests, changes in your privacy settings, or increased surveillance in real life, this may be an indicator that cops are monitoring your Facebook or other social media accounts.
Why do cops ask where you are going?
The real purpose is to seek what are called admissions to crimes and/statements against interest. If you are charged with a crime, these statements will almost certainly be used against you.
Does spending a night in jail go on your record?
That you spent a night in jail is part of the public record. Most places with jails (some cities but mostly counties) release their records of daily bookings into their facilities.
How long can ice hold you in jail?
ICE can put an immigration “hold” or “detainer” on you if you are deportable. If ICE puts a hold on you, ICE will likely pick you up from the jail. To allow ICE to do this, the jail will probably keep you for up to 48 hours after the time you are supposed to be released.
Can police take you in for questioning?
Police usually do not need a warrant simply to ask you questions. In many cases, people are asked to come down to the station without fully understanding that being questioned by the police is often optional. Of course, that doesn't necessarily mean you can just leave.