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  1. #1
    EasternPromises is offline Junior Member EasternPromises has a reputation beyond repute EasternPromises has a reputation beyond repute EasternPromises has a reputation beyond repute EasternPromises has a reputation beyond repute EasternPromises has a reputation beyond repute EasternPromises has a reputation beyond repute EasternPromises has a reputation beyond repute EasternPromises has a reputation beyond repute EasternPromises has a reputation beyond repute EasternPromises has a reputation beyond repute EasternPromises has a reputation beyond repute
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    Detained vs Arrested

    What is the difference between being detained and being arrested?

    How frequently do you restrain people that are only being detained, and how would a person determine which the officer was currently doing?

    Thanks.

  2. #2
    Citicop's Avatar
    Citicop is offline The Original Citicop has a reputation beyond repute Citicop has a reputation beyond repute Citicop has a reputation beyond repute Citicop has a reputation beyond repute Citicop has a reputation beyond repute Citicop has a reputation beyond repute Citicop has a reputation beyond repute Citicop has a reputation beyond repute Citicop has a reputation beyond repute Citicop has a reputation beyond repute Citicop has a reputation beyond repute
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    Quote Originally Posted by EasternPromises View Post
    What is the difference between being detained and being arrested?

    How frequently do you restrain people that are only being detained, and how would a person determine which the officer was currently doing?

    Thanks.
    Detentions are shorter in duration and scope than arrest, and require a lower burden of proof.

    If I have Reasonable Suspicion that a crime has or is about to occur, and reasonably believe that a person may have information about this, I can detain them for a short period of time to investigate the matter. As part of my investigation, I can conduct a pat down for weapons (if I reasonably believe that they may be present) and seek information to determine exactly what is, has, or will happen. The timeframe can vary a bit due to each set of circumstances, but 20 minutes or so has been ruled to be a reasonable timeframe for detaining someone.

    If I have Probable Cause to believe a specific person has committed a crime, I can arrest that person. At that point, I can conduct a complete search of their person for weapons, evidence, and contraband, as well as their vehcile if they are or have been near it recently. I can remove them from the scene and hold them (in jail) for 24 hours or until I get a warrant issued for the charges.

    If anyone resists an arrest or detention, I am authorized to use force to apprehend them (in addition, resisting an arrest or detention is a crime, so resisting immediately gives me probable cause to make an arrest).

    Normally I don't have to use any "meaningful" physical force to restrain someone I am detaining or arresting. Most people cooperate on their own.

    A person can usually tell (with me) because I'll tell them when they are under arrest. If a case arises when I handcuff someone who is merely detained, I will tell them, "You're not under arrest at this time; you are being detained while I investigate what's going on."

    Hope that clarifies things-

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    Last edited by Citicop; 07-24-08 at 10:14 AM.
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  3. #3
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    A traffic stop is one example of an temporary detention. A stop and frisk is another.

    An arrest is when I place you into custody for a crime I have probable cause to believe you've committed.

    You are detained when you are not free to leave.
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  4. #4
    phantasm is offline Veteran Member phantasm has a reputation beyond repute phantasm has a reputation beyond repute phantasm has a reputation beyond repute phantasm has a reputation beyond repute phantasm has a reputation beyond repute phantasm has a reputation beyond repute phantasm has a reputation beyond repute phantasm has a reputation beyond repute phantasm has a reputation beyond repute phantasm has a reputation beyond repute phantasm has a reputation beyond repute
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    If you are handcuffed, transported to the police station, and then fingerprinted, and photographed, you have been arrested. If the above scenario, and then you were issued a summons instead of fingerprints/photos, then you were issued a summons in lieu of arrest. If you are released without either of those options, you were detained.
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    Quote Originally Posted by EasternPromises View Post
    What is the difference between being detained and being arrested?

    How frequently do you restrain people that are only being detained, and how would a person determine which the officer was currently doing?

    Thanks.
    GOOGLE "detention arrest"

    Numerous times every day. If they want to leave and I tell them they can't - that's a pretty good indicator that a D or an A is occurring.

  6. #6
    mobrien316's Avatar
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    Quote Originally Posted by EasternPromises View Post
    ... and how would a person determine which the officer was currently doing?
    You can ask the officer what's going on, but he or she may not answer you, or may not take the time to explain things to your satisfaction.

    The most intelligent course of action is to do whatever the officer tells you to, even if you think he or she should not be detaining you at that moment. The best time to question the officer's actions is long after the situation has been fully resolved, not while he or she is trying to question you or is trying to get you to stop.

    If I have reasonable suspicion or probable cause to stop someone, and they want to play games and refuse to stop, I can (and have) wound up using force on them in order to get them to submit.
    Cogito ergo summopere periculosus.

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