What is the difeerence between an arrest and a detention?
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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 7 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.
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