Detainment vs. Arrest: How to Know the Difference

In interactions with North Carolina police, it might be difficult to determine whether you have been detained or arrested. While there are significant legal differences between the two, during an encounter with police, the line between detainment and arrest can be blurry.

If you have had interactions with the police and need advice or legal representation, the Stowe Law Firm, PLLC, can help. North Carolina criminal defense attorney Ryan Stowe will aggressively protect your rights while answering your questions and providing you with the highest levels of professionalism and service.

What Is Detainment?

When police officers detain you, they believe you committed illegal activity, but they may not have enough evidence to place you under arrest. When you are detained, the police can hold you without taking you into custody while they ask questions to learn more about a situation.

Police need more than mere suspicion to detain a suspect: they must have proof or a good reason to believe you committed illegal acts. If the police think you have committed a crime, they are permitted to detain and question you for up to 20 minutes without placing you under arrest.

What Is Arrest?

An arrest is more serious than detainment and occurs when police take you into custody and restrict your liberty and freedom of movement. Sometimes an arrest warrant is necessary, but if there is sufficient evidence to believe you committed a crime, police can arrest you without a warrant.

When placing a suspect under arrest, police should read you the Miranda warnings, which remind you that you have the right to remain silent, the right to an attorney, that an attorney will be provided if you cannot afford one, and that any statements you make can and will be used against you.

To make an arrest, police must have probable cause to believe you committed a crime. Police are authorized to use reasonable force to make an arrest and are also authorized to conduct a limited search of your person and belongings.

Once you have been placed under arrest, you will be taken to the police station, a detention facility, or jail, where you will be given an opportunity to contact a lawyer and be made aware of the charges against you.

What Are the Differences Between Detainment and Arrest?

Detainment occurs when the police believe you have committed an illegal act but do not have enough evidence to charge you with a crime. They may restrict your freedom of movement. However, there is a limited amount of time the police can detain a suspect, and you are not required to provide identifying information when asked by the police.

The police will place you under arrest when they reasonably believe you committed a crime. Police are permitted to use reasonable force to make an arrest, and once you have been placed under arrest, they can require that you provide identifying information.

The primary difference between detainment and arrest is one of degree. You might be detained when the police suspect you committed a crime. But to place a suspect under arrest, the police must have probable cause to believe you committed an illegal act.

How to Know You Are Being Placed Under Arrest

Detainment can and often does turn into arrest, but police are not required to use the word arrest when it occurs. You should know that you are being arrested when your freedom of movement has been restricted and the police have provided you with Miranda warnings.

The police do not need to put you in handcuffs and take you to jail for an arrest to occur. If it is clear that you are not free to go, such as if you were told to turn and face the car or multiple officers surround you, assume you have been placed under arrest.

The Stowe Law Firm, PLLC: Serious Defense for Serious Crimes.

Whether you have been detained or arrested, you still have the right to an attorney. North Carolina criminal defense attorney Ryan Stowe is based in Salisbury, North Carolina, and proudly represents people in Cabarrus, Davidson, Rowan, Davie, and Stanly counties. He has extensive experience defending people accused of committing a crime and is a fierce advocate and defender of his clients’ rights. He will protect your rights, answer your questions, and defend you in court.

To learn more, contact the Stowe Law Firm today to schedule a confidential consultation to discuss your situation and how we can help.