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Detention and arrest - what's the difference?
Law enforcement officers have the right to investigate circumstances when there are facts which, together with reasonable inferences drawn from those facts, warrant further investigation. Thus law enforcement officers may temporarily stop a person in a public place (without transporting the person to another location) for the purpose of (1) requiring the person to justify his/her presence and activity in the location and (2) to identify him/herself. The stop may be accompanied by a "patdown" search for weapons. This enables law enforcement officers, with minimal upset to public tranquility and intrusion into personal rights, determine whether they should arrest a suspect, investigate further or take no action because their initial suspicion proved groundless.
An arrest occurs when a person reasonably believes he is not free to leave due to the actions of law enforcement officers. Once an arrest has occurred and questions are asked, law enforcement officers must provide Miranda warnings (the right to remain silent, the right to an attorney, etc.). However, if no questions are asked (other than questions to determine basic biographical information such as name and address), the warnings need not be given. Be aware however, that even your address can be totally incriminating in a domestic violence case.
(Updated December 5, 2007) |
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