11 Feb Rights During Detention Versus During An Arrest
It’s important to understand the differences between being detained and being arrested because a person’s rights will change under each situation.
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Detention
The police have reasonable suspicion to stop an individual for a short period of time. The police suspect that the individual was involved in, is in involved in, or has knowledge about a crime. Detentions are brief but the police must act, investigate and question within boundaries. Unless it is discovered that the individual is guilty, the innocent individual is free to leave.
Arrest
The police will take an individual into custody in handcuffs and read them their Miranda Rights. The police had probable cause (evidence) that the individual was up to something.
Detention can certainly lead to an arrest when the police develop probable cause of the individual. In either case, the police can legally only conduct a limited search to what is in plain sight; they would need a warrant otherwise. The individual is also allowed to refrain from answering anymore questions until they have a lawyer.
Only arrested individuals would have the right to bail, as detainees are free to leave after a short period of time. Bail is generally expensive, no matter what price it is set at. Bail bonds cost 10-15% of the full bail amount with a longer payoff time. Most people opt for the bail bond route.
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