Understanding the difference between being detained and arrested is important, as it can have serious legal implications for those involved. Being detained means that you are temporarily prevented from leaving a certain area, while being arrested implies more severe consequences. On this page,, we’ll explore the definitions of detained vs. arrested and provide examples of scenarios where each may be applicable. We’ll also discuss how these two actions differ in terms of their legal implications. By understanding what detained and arrested mean, you can make sure to protect your rights if ever faced with either situation.
So let’s dive right in.
Table of Contents
What Is Being Detained?
Detention refers to a temporary hold by law enforcement or security personnel, typically for questioning or investigation. During this time, the person may not be free to leave, but they have not yet been formally charged with a crime.
There are several key elements to being detained:
- Limited duration: Being detained is a temporary measure, typically lasting only as long as is necessary for the questioning or investigation.
- Restricted liberty: While being detained, a person is not free to leave. They may be held at a police station, an airport, a border crossing, or another location.
- Lack of formal criminal charges: A person who is detained has not yet been formally charged with a crime. They may be suspected of involvement in a crime, but they have not yet been arrested or indicted.
An example of being detained might be when a person is stopped for questioning by a police officer. The officer might detain the person for a short period of time in order to ask them questions and gather more information. If the officer determines that there is insufficient evidence to charge the person with a crime, they will be released from detention.
What Is An Arrest?
An arrest is the act of taking a person into custody and formally charging them with a misdemeanor or felony charge. At this point, the person’s liberty is restricted, and they may be held in jail until their trial.
An arrest typically involves several key elements:
- Custody: When law enforcement takes a person into custody, an arrest occurs. This might involve being physically apprehended, or it might involve being served with an arrest or search warrant.
- Formal charges: When a person is arrested, they are formally charged with a crime. This typically involves the reading of a criminal complaint or indictment, which outlines the specific charges against the person.
- Restricted liberty: After an arrest, a person’s liberty is restricted. They may be held in jail or detention until their trial, or they may be released on bail.
An example of an arrest is when law enforcement charges a person with a crime after apprehending them or when they take a person into custody after a grand jury indictment.
Detained vs. Arrested: Key Differences
We’ve broken down the key differences between being detained and arrested below:
Duration of Hold
One of the key differences between being detained and arrested is the length of the stop or hold. Being detained is typically a temporary measure, lasting only as long as is necessary for questioning or investigation. An arrest, on the other hand, is a more serious and formal step in the criminal justice process, and it can result in a person being held in jail or detention for an extended period of time.
The length of a detention stop will depend on the specific circumstances and the purpose of the stop. For example, a person who is stopped for questioning by a police officer at a traffic stop might be detained for a relatively short period of time, while a person who is detained at an airport or border crossing might be held for longer while their identity and travel documents are verified.
An arrest can also vary in length, depending on the severity of the crime and the legal process involved. A person recently arrested and charged with a minor offense might be released on bail within a few hours or days, while a person charged with a more serious crime might be held in jail or detention until their trial.
Overall, the length of a detention or arrest hold is an important consideration, as it can have significant implications for a person’s freedom and legal rights. It is important to understand the legal process and to seek legal counsel if you are unsure about your situation.
Amount Of Force Used
The amount of force used during a detention or arrest can be a key difference between the two actions. In general, detention stops are typically less confrontational and involve less force than arrests.
During a detention stop, law enforcement or security personnel may use minimal force to detain a person, such as by asking them to stop and stay put while they are questioned. In some cases, physical force may be used to detain a person if they are uncooperative or pose a threat, but the use of force is generally limited to what is necessary to control the situation.
Arrests, on the other hand, may involve a greater use of force, particularly if the person being arrested is uncooperative or resists. Law enforcement officers are generally authorized to use a certain amount of force to effect an arrest, and the amount of force that is deemed reasonable will depend on the specific circumstances.
It is important to note that law enforcement officers are required to use only the amount of force that is necessary to carry out their duties, and they are not allowed to use excessive force. If you find yourself in this situation, it’s recommended not to resist arrest and to report the incident to the appropriate authorities after seeking legal counsel.
Scope Of Restraint
There are a few key differences between being detained and arrested when it comes to the scope of restraint.
During detention, a person’s freedom of movement may be restricted to a limited extent. For example, a person who is detained for questioning by a police officer might be asked to stay in a specific area or not to leave the officer’s sight, but they may not be physically restrained or placed in handcuffs.
An arrest, on the other hand, involves a more significant level of restraint. An arrested person is taken into custody and may be handcuffed or otherwise physically restrained. They may also be placed in a jail or detention facility until their trial or release on bail.
The scope of restraint during detention or arrest can also vary depending on the specific circumstances and the severity of the crime. A person who is detained or arrested for a minor criminal offense may face less restraint than a person who is detained or arrested for a more serious crime.
Police Obligations
Law enforcement officers have specific duties to uphold when it comes to the distinct difference between taking someone into custody and formally arresting them.
During a detention, law enforcement officers are generally required to inform the person being detained of the reason for the stop and the length of time that they will be detained. They are also required to treat the person with respect and refrain from using excessive force.
During an arrest, law enforcement officers are required to inform the person being arrested of their Miranda rights, which include the right to remain silent and the right to an attorney. They are also required to follow proper arrest procedures, such as reading the person’s rights and informing them of the charges against them.
In both cases, law enforcement officers are obligated to use only the amount of force that is necessary to carry out their duties and to protect public safety. If a law enforcement officer uses excessive force during a detention or arrest, or if they violate a person’s rights, they may be subject to disciplinary action.
Evidence Required
The evidence required for detention or arrest is another key difference between the two actions. In order to detain a person, law enforcement or security personnel must have a reasonable belief that the person is involved in a crime or poses a threat. This means that they must have some factual basis for their suspicion, but the evidence does not need to rise to the level of probable cause.
Probable cause, on the other hand, is the standard of evidence required for an arrest. In order to arrest a person, law enforcement must have probable cause to believe that the person has committed a crime. This means that they must have sufficient evidence to support the belief that it is more likely than not that the person committed the crime.
The evidence required for detention or arrest will depend on the specific circumstances and the nature of the crime. In some cases, law enforcement may rely on eyewitness testimony, physical evidence, or other types of evidence to establish probable cause or reasonable suspicion.
Criminal Record
The impact on a person’s criminal record is another key difference between being detained and being arrested.
Being detained does not result in a criminal record, as the person has not yet been formally charged with a crime. However, the fact that a person was detained may be noted in law enforcement records and may be considered if the person is detained again in the future.
An arrest, on the other hand, does result in a criminal record. When a person is arrested and charged with a crime, the arrest and any subsequent criminal proceedings will be documented in their criminal record. Law enforcement, employers, and other organizations can access this record, and it can have a big impact on a person’s opportunities for employment, housing, and other opportunities.
How Long Can Police Detain You Without Making An Arrest?
The length of time that police can detain a person without making an arrest will depend on the specific circumstances and the purpose of the detention. In general, however, police are allowed to detain a person for a reasonable period of time in order to investigate or question them.
There are several types of detention stops that police may use, each with its own rules and guidelines. For example:
- Traffic stops: Police are generally allowed to detain a person for a brief period of time during a traffic stop in order to check their driver’s license, registration, and insurance and to investigate any traffic violations. The length of the detention will depend on the specific circumstances and the purpose of the police encounter.
- Terry stops: Named after the Supreme Court case Terry v. Ohio, a Terry stop (also known as a “stop and frisk”) is a limited search and seizure that allows police to briefly detain a person if they have reasonable suspicion that the person is involved in criminal activity. The length of the detention will depend on the specific circumstances and the purpose of the stop.
- Border stops: Police are generally allowed to detain a person for a longer period of time at a border crossing or airport in order to verify their identity and travel documents. The length of the detention will depend on the specific circumstances and the purpose of the stop.
It is important to understand that the police must have a valid reason for detaining a person, and the detention must be limited to the time necessary to achieve the purpose of the stop. If you believe that you have been detained for an unreasonable amount of time, you should seek legal counsel.
The Bottom Line
In conclusion, detained and arrested are two distinct legal statuses that can have significant implications on an individual’s life. Being detained means being temporarily prevented from leaving a certain area by law enforcement officers without any formal charges being made against the person. On the other hand, an arrest is when someone is taken into custody and detained with probable cause to believe they committed a crime. The evidence required for detention or arrest will depend on the specific circumstances and nature of the crime, while an arrest results in criminal records, which could potentially impact future employment opportunities. It’s important to be aware of your rights should you ever find yourself detained or arrested, so that you know what steps need to be taken next.
Frequently Asked Questions
Can I be detained or arrested without being read my Miranda rights?
In general, a person must be informed of their Miranda rights before being subjected to custodial interrogation, which is questioning that occurs after a person has been taken into police custody or is otherwise not free to leave. Custodial interrogation can include questioning during an arrest, at a police station, or in any other setting where the person is not free to leave.
Miranda rights, which are named after the Supreme Court case Miranda v. Arizona, include the right to remain silent and the right to an attorney. Law enforcement must inform a person of their Miranda rights before they can question someone who is in custody.
There are some exceptions to the Miranda rule, however, and it is possible for a person to be detained or arrested without being read their Miranda rights in certain circumstances. For example, if a person is not in custody and is not being subjected to custodial interrogation, they may not need to be informed of their Miranda rights. Additionally, if a person voluntarily waives their Miranda rights, they may be questioned without being informed of their rights.
Can I refuse to answer questions during a detention or arrest?
During an arrest, a person has the right to be informed of their Miranda rights, which include the right to remain silent and the right to a criminal defense attorney. After being informed of their Miranda rights, a person has the option to remain silent and refuse to answer any questions. It is generally advisable to exercise these rights and to remain silent until you have had the opportunity to consult with an attorney.
It is crucial to understand your rights and stand up for them if you think they have been violated. If you are uncertain about what actions to take in the event of a detention or arrest, it’s best to contact a criminal defense lawyer who can provide legal advice and guidance on criminal law. It’s critical that you build a strong attorney-client relationship with a lawyer who specializes in your type of case.
Can I be detained or arrested for expressing my opinions or exercising my freedom of speech?
The First Amendment to the United States Constitution forbids the government from restricting the expression of ideas or opinions, which guarantees freedom of speech. This protection applies to all forms of speech, including oral, written, and symbolic expression, as well as to expressive conduct such as protests and demonstrations.
In general, a person cannot be detained or arrested solely for expressing their opinions or exercising their freedom of speech. However, there are some exceptions to this rule. For example, if a person’s speech or expression incites violence or constitutes a threat, they may be subject to detention or arrest. Additionally, if a person’s speech or expression violates a law, such as a law against harassment or hate speech, they may be subject to detention or arrest.
Can I be detained or arrested for refusing to identify myself to law enforcement?
In general, a person is not required to identify themselves to law enforcement unless they are being detained or arrested or unless they are operating a vehicle.
During detention or arrest, a person may be required to provide their name and other identifying information to law enforcement. In some states, a person may also be required to show identification if they are detained or arrested or if they are operating a vehicle.
If a person is not being detained or arrested and is not operating a vehicle, they are generally not required to identify themselves to law enforcement. However, it is generally advisable to be cooperative and provide identification if asked, as failing to do so may lead to further questioning or investigation.
