arrest v. custody

[jess]

Is there a difference between arrest and custody? Someone said that as soon as you deny a suspect's freedom to leave at his/her own will, he or she is under arrest...this almost sounds like the definition of custody to me - i.e. when a person is in the presence of a law enforcement officer and reasonably feels he/she is not feel free to leave. Also, is there no difference between custody and detention? Thank you in advance for clearing this up.

[transit86]

If you are arrested you have to be charged with some type of an offense. If you are detained, it could just be for further investigation and not neccessarily an arrest. Both can be considered in custody.

Is there a difference between arrest and custody? Someone said that as soon as you deny a suspect's freedom to leave at his/her own will, he or she is under arrest...this almost sounds like the definition of custody to me - i.e. when a person is in the presence of a law enforcement officer and reasonably feels he/she is not feel free to leave. Also, is there no difference between custody and detention? Thank you in advance for clearing this up.

[jess]

If you are arrested you have to be charged with some type of an offense. If you are detained, it could just be for further investigation and not neccessarily an arrest. Both can be considered in custody.

Thank you for the reply. I believe if someone's under arrest, he/she is definitely in custody...but when someone's in custody, he/she is not necessarily under arrest...is this correct? Thanks again for clearing this up.

[transit86]

You got it.

Thank you for the reply. I believe if someone's under arrest, he/she is definitely in custody...but when someone's in custody, he/she is not necessarily under arrest...is this correct? Thanks again for clearing this up.

[jess]

Thank you transit! :D By the way, did you agree with my definition of custody in post #1, i.e. when a person is in the presence of a law enforcement officer and reasonably feels he/she is not feel free to leave?

[transit86]

Yes, once a person has reason to believe that they do not have the right to leave.

Thank you transit! :D By the way, did you agree with my definition of custody in post #1, i.e. when a person is in the presence of a law enforcement officer and reasonably feels he/she is not feel free to leave?

[jess]

Thanks again transit! :D

[Chgojock007]

Hi,

This is a good question. I had a similar experience. When I was 17 I was in a school parking lot after hours checking out a brand new stereo system I'd gotten installed at Circut City earlier that day. The installers told me I'd be able to hear it more than a block away. So like a nitwit, I cranked it up and began to walk a block away. As everyone knows, teenagers don't have the most common sense! Anyway, a few minutes later I heard, "Stop!". I said who is it because it was pitch-black and I couldn't see. A male voice responded, "Police!". I stopped and dropped to the ground. He approached me, handcuffed me and asked where my buddies where. I told him I was alone, which I was. His partner soon appeared and said they'd gotten a call of a distribance involving several male youths. Obviously, they were at the wrong location. The officers apoligized for the confusion, un-handcuffed me, spent several minutes checking out/being impressed by my new stereo system and car disc changer and asked me to turn down my music and leave the scene. I did and no charges or reports were filed.

I don't know if I was in custody, detained or arrested. I will be meantioning this incident if I'm asked about it during my processing for a department.

Thanks!

[oscarmitre]

Why mention it? It was an honest mistake on the officers' part, there was apparently no record or follow-up. Others might see it differently - and if there are other views it would be useful to hear them - but for me it's just one of those things.

A similar, but not as extreme thing happened to me when I was about 16. I was trudging over a rural highway near where I lived heading for a fishing area when a motorcycle officer stopped me and asked me what I was carrying. I had my fishing gear wrapped up in fabric. I showed him. He told me that there'd been reports of a person shooting out there in the bush. I told him it was obviously not me. He was happy with that and rode off. About 18 months later I was in the job as a Cadet in full time training at the Academy. Just over 12 months after graduation I was posted to a small town in the outback and found myself working with a police officer I vaguely recognised from somewhere. Guess who? That's right, he was the motorcycle cop who stopped and checked me out. We had a laugh about it. And no I didn't mention it during the recruiting process :D

[Chgojock007]

Hey,

Oscar--thanks for the reply. You and a similar run-in. I just don't want to say that I've never been detained or in custody because technically I was. I wasn't arrested though. I don't even recall them running my drivers license number. They didn't even ask to see my information for my new pickup truck. I guess it's just one of those things.

I want to put everything out on the table so I don't have to worry about anything during the polygraph.

Thanks!

[oscarmitre]

Ah of course, I forgot about the polygraph because we don't use them here. That makes sense then because you would react to the question. There you are I learned something important. Good luck with your application

[BryGuy]

Always a smart idea to lay everything on the table. Let them figure what is trivial and what is serious...if a trivial item causes you to appear deceptive to a particular item, no matter how trivial it was, you got caught in a lie. Bad bad bad. Or you can just learn to fake your way through the polygraph...yes it can be done! Easily.