Author
Home > Sociology > What is the Difference Between Arrest and Detention?

Guilherme Mazui

•4 minutes to read

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 page
  • What 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.

    Read more:

    Guilherme Mazui

    Guilherme Mazui is graduated in journalism from the Federal University of Minas Gerais (UFMG) and a master's degree in Communication from the University of São Paulo (USP). In addition, he has experience in advertising writing and has worked as a content editor in several companies.