10 Key Questions About Arrest and Detention Explained
What is an arrest? It is the moment when law enforcement takes a person into custody for the suspicion of committing a crime. The arrested person is lawfully restricted from leaving and faces possible legal charges.
Legal basis for an arrest Law enforcement is allowed to arrest someone based on a warrant issued by a judge or based on probable cause to believe that a person has committed or is about to commit a crime.
The difference between arrest and detention is that arrest is taking a person into custody and charging him or her formally with a crime, while detention is where someone is held for an extremely short time, usually for questioning and isn’t formally charged with a crime.
You cannot be arrested without telling you why. In most instances, the law enforcement has to tell the person why he or she is being arrested. The person would be told that they are being arrested for this or that. What are your rights when you are arrested? You have the right to remain silent, the right to an attorney, and the right to know what charges you are facing. This is referred to as Miranda rights.
How long can you be detained without being formally charged? In many countries, the law allows a person to be detained for a short period (e.g., 24-48 hours) without formal charges, although they must be brought before a court if further detention is required.
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Can police search you if they arrest you? Yes, the police may search you for weapons or for evidence that could be connected to the crime. This is typically referred to as a “search incident to arrest.”
What happens after you’re arrested? After an arrest, the person is typically taken to a police station for booking, which includes recording personal information and taking fingerprints. They may then be released on bail, remain in custody, or go to court.
Bail is the money or any other property that an individual can provide to secure temporarily his or her release from custody while awaiting trial, provided he or she appears in court as required to receive his or her bail.
Being arrested and being detained for questioning differ in that one is formally charged, while the other is just held temporarily to answer questions. Arrest means law enforcement has sufficient evidence or suspicion to formally charge the individual.