What is the difeerence between an arrest and a detention?

Get Legal Help Today

 Secured with SHA-256 Encryption

What is the difeerence between an arrest and a detention?

Asked on May 27, 2017 under Criminal Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The differences between the two are important because a person's rights change quite a bit from one to the other. In a detention, the police need only a reasonable suspicion to stop and a reasonable person would feel as though they could leave in a short amount of time. For example, an officer’s brief holding and questioning of someone is a detention. While the suspect isn’t free to leave, theys till aren't under arrest. An arrest occurs when the police take someone into custody through a more significant restraint on their movement. It occurs when someone is taken into custody against their will and involves a physical application of force or submission to a police officer's show of force. The most coomon example is when there is the use of handcuffs and a person being read their rights.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption