Arrested or detained?
If someone is put into handcuffs and put into the back of a squad car, are they under arrest or are they just being detained? At what point does a detention turn into an arrest?
- JackLv 58 years agoFavorite Answer
It all depends on what the purpose of the question is. If you are going to be questioned, and you are in handcuffs in the back seat of a locked Police car, it is reasonable for you to believe that you are not free to leave, and thus "in custody" to the extent that questioning would have to be accompanied by Miranda warnings. Howver, unlike the other nitwit said, being advised of your rights does not have anything to do with being arrested. It only matters of yiou are going to be interrogated. Arrest is goverened by the 4th amendment, the Miranda and Escobedo cases are founded on the 5th and 6th amendments.
However, being thus restrained does not automatically equal arrest, and the cops can detain you in that fashion for a "reasonable amount of time." There is no ned for anyone to ever actually say "you are under arrest". If they drive you to the lock-up, it is fairly obvious. If they let you go, you will not be charged, at least until some later date.
There is no black letter law that defines the instant that a detention becomes an arrest. For the purposes of interrogation, custody is always viewed in a light most favorable for the person being questioned. So, if you believe that you are in custody and not free to go, that is how the matter will be viewed by the Courts. However, with no interrogation, there is absolutely no reason for the cops to give you your Miranda warnings.
I love this site! I barely finmished typing and some douchebag gave me a thumbs down! It doesn't matter if you don't like this answer, it is the RIGHT answer according to the law. Many of you jerkoffs fail to realize that the Constitution was not designed to allow all criiminals to escape justice,. It was designed to protect innocent people from police abuse. There is dozens of appleate court decisions that acknowldege that there is a gray area between custody and arrest. there is alos a tin of case law that inidcates that arrest is not automatically accompanied by Miranda warnings, unless the cops plan to interrogate someone. And, the cops DO NOT have to tell you a specific cgharge that you have been arrested for. that is the up to the Prosecutor or DA who makes the charging decisions. You don't need to be told what the charges are until arraignment. Like it or not kiddies, that is the law.
- 8 years ago
They could be either. You could be detained and put in the back of a car with handcuffs. You could also be arrested the same way. If they are being detained, they have to be told so, and the suspects rights do not have to be read until they are placed under arrest. Detention would turn into an arrest once the officer decides to charge them with whatever crime. Then, the suspect is read their rights, and taken to jail.
- Anonymous8 years ago
The person is detained until told they are under arrest and read their rights.
When a person is detained in handcuffs by the police, they officer usually tells the person that " youre not under arrest, youre just being detained for your and my safety until we figure out what going on"
- CoastyLv 78 years ago
They have just been detained until someone tells them you are under arrest for (specific Charge).
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- audreyLv 43 years ago
because of the fact you at the instant are not stating the situations of the 'altercation', who it become with and pondering you went on your father's domicile in a while... enable me wager... you're being charged with family violence. if so, you need to first comprehend that when suggested to the police (in US) the state is had to prosecute it, the 'sufferer' has no selection in pursuing or dropping the expenditures. Now that that is in action there is one and purely one way out of this and that is going to cost you a stable legal professional who's conscious the thank you to make this ensue (I sat on that jury). end speaking approximately if perfect police tactics have been used for the time of your arrest because's no longer likely that may be useful you one bit.