What is the Difference Between Arrest and Detention?
🆚 Go to Comparative Table 🆚The primary difference between arrest and detention is the level of suspicion and the consequences associated with each action. Here are the key differences between the two:
Detention:
- Occurs when a police officer has reasonable suspicion to believe that someone has committed, is committing, or is about to commit a crime.
- Short-term, lasting long enough for the officer to investigate and determine the next steps.
- The individual is not free to leave, but they are not considered to be under arrest.
- Detention has no impact on a person's criminal history.
Arrest:
- Occurs when a police officer has probable cause to believe that a person was or is about to be involved in criminal conduct.
- Long-term, often leading to the individual being taken to the police station, a detention facility, or jail.
- The individual is reasonably believed to have been involved in criminal conduct.
- After an arrest, the person is kept in custody until bail is approved or a court hearing is scheduled.
- The arrest is recorded on the person's criminal history.
In summary, detention involves a brief police interrogation based on reasonable suspicion, while arrest involves taking a person into legal custody due to a criminal charge and probable cause.
On this pageWhat is the Difference Between Arrest and Detention? Comparative Table: Arrest vs Detention
Comparative Table: Arrest vs Detention
The difference between arrest and detention is significant, as they involve different levels of suspicion and legal procedures. Here is a table highlighting the key differences between the two:
Feature | Detention | Arrest |
---|---|---|
Definition | A brief, temporary holding of an individual for investigation purposes or to prevent an imminent crime. | The formal custody of an individual suspected of a crime, typically involving a warrant and probable cause. |
Reason | Reasonable suspicion, which means there are objectively reasonable circumstances to suspect that the person was about to be involved in a crime. | Probable cause, which requires a higher level of certainty based on specific facts or evidence. |
Duration | Short-term, typically lasting around 20 minutes or so, allowing the officer to investigate and determine the next steps. | Long-term, with the individual being held in custody until bail is approved or a court hearing is scheduled. |
Rights | During detention, an officer is not compelled to recite a person their Miranda rights. | After an arrest, police are required to inform the suspect of their right to representation and their right to remain silent. |
Impact on Criminal History | Detention has no impact on a person's criminal history. | An arrest is recorded on the person's criminal history. |
Searches | Limited "pat-down" search during detainment for weapons if suspicion of being armed and dangerous. | Search incident to arrest allows searching the person and surroundings for weapons, evidence, or to prevent destruction or alteration of evidence. |
It is essential to understand the differences between detention and arrest to protect your rights and ensure that legal procedures are followed correctly.
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- Jail vs Prison
- Bail vs Parole
- Investigation vs Interrogation
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- Interview vs Interrogation
- Diversion vs Supervised Release
- Abduction vs Kidnapping
- Adjudication vs Conviction
- Suspension vs Expulsion
- Sheriff vs Police Officer
- Jail vs Gaol
- Parole vs Probation
- DUI vs DWI
- Constraint vs Restraint
- Charged vs Convicted
- Determinate vs Indeterminate Sentencing
- Deterrence vs Retribution