What's the longest police can hold you?
Asked by: Cedrick Streich | Last update: January 21, 2026Score: 4.9/5 (22 votes)
The Constitution only stipulates that the police cannot hold individuals without charge for an unreasonable period. To provide clarification on what this means, many states set time limits for holding individuals in custody without charge. This period is usually 72 hours.
What is the longest a police officer can follow you?
As a citizen, you have the right to privacy. While there is no specific distance or time frame that defines when police surveillance becomes harassment, officers must respect your privacy. If their actions exceed what is reasonable, that is considered harassment.
What is the longest you can be detained?
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.
How long can police hold you in America?
Generally, if law enforcement places you in custody, your "speedy trial" rights typically require the prosecutor to decide charges within 72 hours. Many states adhere to this 72-hour limit. Sometimes, the state does not file charges. In such instances, the state will release the arrestee.
Is FBI higher than police?
If a crime is committed that is a violation of local, state, and federal laws, does the FBI “take over” the investigation? No. State and local law enforcement agencies are not subordinate to the FBI, and the FBI does not supervise or take over their investigations.
How Long Can Cops Hold You For Being "Nervous"?
How long can you be held on a US Marshal hold?
There is no set time that someone can be held for the Marshalls but they must be picked up within a "reasonable time", typically 30 days. If they aren't picked up by then, they can file a motion to be released under a "habeus corpus" motion.
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.
Can police detain you for 48 hours?
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.
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).
What is a police Terry stop?
Defined. A Terry stop is defined as “a brief, temporary involuntary detention of a person suspected of being involved in criminal activity for the purpose of investigating the potential criminal violation.
Is there a time limit for detention?
How Long Can I Be Held In Custody Before Being Charged? The rules regarding time limits of detention ahead of charges are clear and strict. You may only be legally detained for 24 hours from your arrest without being charged and being informed of the allegations against you.
How long can police make you wait for K9?
Generally, officers must have a reasonable suspicion or probable cause to believe that there's illegal activity or contraband in the vehicle before calling in a K-9 unit. In some cases, courts have ruled that a short delay, such as 10 to 20 minutes, is reasonable for an officer to wait for a K-9 unit to arrive.
Is it illegal to follow a cop with lights on?
No laws against that. Some places have laws against following emergency vehicles displaying their emergency light or siren too closely. You cannot break the laws while following the emergency vehicle. You cannot speed, they can.
Why do cops follow you but not pull?
Instead, the general rule is that police are allowed to follow you for a reasonable distance to observe your driving and determine if a traffic stop needs to be conducted. As you might imagine, a reasonable distance is interpretative and will vary based on the specifics of the situation.
Can a cop wait to pull you over?
No. Officers must have probable cause to stop you when you're driving. For example, if they follow you from the bar and you are weaving all over the road, they'd have a legal reason to stop you.
Can a police officer ask to see your gun?
Depending on the circumstances, yes they can. There is no law preventing a police officer from asking you to voluntarily turn over your gun. They're going to HAVE to do that if you're under arrest, permit or not.
Can you tell cops to get off your property?
The Fourth Amendment to the U.S. Constitution is your shield against unreasonable searches and seizures. It's what prevents law enforcement from barging into your home without good reason.
Can a cop put you in handcuffs without telling you why?
For starters, it's worth knowing the police cannot stop you without a reason. They need something called “reasonable suspicion” to believe you're linked to a crime. If they can't explain why they're stopping you, you might be facing an illegal detention.
How long can police leave you handcuffed?
Unless arrested, the use of restraints on detainees should continue only for as long as is reasonably necessary to assure the safety of officers and others.
Is it painful to be handcuffed?
It is an unnatural position for the arms to be in and, even though properly applied, the cuffs are going to apply pressure to the wrist area as they restrain the movement of a subject. Improperly applied handcuffs can cause more pain and even injury.
Are US marshals above police?
US Marshals do have federal jurisdiction but a sheriff is still the one in primary command in their local city, state, or county. A sheriff or a police officer is who you will interact with, even if a US Marshal is in the area, unless you are involved in a federal case involving a fugitive.
Who can pick you up from jail?
In California anyone can pick you up.