Understanding What it Means to Be Detained
The legal definition of ‘detained’ is fairly basic: it simply means that a law enforcement officer is exercising authority over a person against their will. However, detainment differs from the act of arrest in that the detained individual hasn’t yet been legally charged with a criminal offense. At the moment a person is suspected of having committed a crime, the officer has the authority to detain that person. He or she should be free to leave once the initial suspicions have been ruled out.
For example, a police officer who witnesses an individual striking another person is likely to stop and detain the aggressor until he can be sure the person is no longer in danger. However, if her suspected attacker ran away and the victim claimed to have been attacked by an unknown assailant, the police officer should have simply taken the victim’s report and allowed him to go home. Detaining him without cause would have been an unlawful arrest, and the local police department might have then been liable for damages as a result.
Detainment is often used as the first step in pre-arrest questioning and investigation. However, law enforcement officers don’t have unlimited detainment power, nor does any citizen. A person has the right to refuse to answer any questions while being detained . An officer must have probable cause that a crime has been committed, and that the suspected criminal has been involved in its commission, in order to detain him. If it’s later discovered that there was no probable cause for detainment, the charges against the suspect may be dismissed even if he confesses during the course of his detention.
There are also a number of constitutional amendments and statutes that protect the rights of the detained. If any of these are violated during the process, evidence obtained during the detention may later be inadmissible during trial. The United States Supreme Court (as well as nearly every state high court) has ruled that police officers are not permitted to use unreasonable or excessive force to detain a person, however harmless the person may seem. If the person is nonviolent, such as a teenager suspected of smoking a joint, the officer must avoid physical contact instead of using his hands to force compliance.
In considering time limits for detainment, the highest courts have established that a detainment lasting longer than two hours is considered unwarranted. Detention without probable cause is particularly worrying, as the effects of an unlawful detainment may last for a long time.
Legal Rights for Those Who Are Detained
When someone is taken into custody, they have certain rights for the purpose of protecting them from unlawful and unjustified rules or practices that would detain them for longer than necessary or under inhumane or unhealthy conditions. These rights are guaranteed under the Constitution, and U.S. law provides specific remedies to individuals whose rights have been infringed. In general, those rights include:
The right to remain silent. You have the right to refuse to answer questions even if you are handcuffed or arrested. Though arrest may require giving a law enforcement agency your name or social security number, this generally only applies once you have formally been taken into custody.
The right to an attorney. You have the right to speak to an attorney immediately after you are arrested, regardless of whether or not you think you will be charged. While in custody, you are entitled to a free lawyer if you cannot afford one. If you do not want an attorney, cops have to leave you alone for a reasonable time so that you can contact one.
The right to be free from cruel and unusual punishment. Prisoners and detainees are generally protected under the Eighth Amendment from cruel and unusual punishment such as confinement in overcrowded facilities, forced labor or work without compensation, inadequate food, water or exercise, and excessive force by officers.
Civil rights laws are designed to protect detainees from being held or punished in ways that violate their civil liberties. In the U.S. Marshals’ Arrest of September 2015 or Pakzaban v. U.S. Marshals, the plaintiff consulted an assistant public defender upon being arrested at his legal proceedings in New York City. After that, the assistant public defender told him he could not contact him if he were going to be held somewhere. He was held overnight without showering, changing clothes or eating, and informed that he could not make a phone call, talk with his attorney or use medication including methadone until he appeared at a court location.
The U.S. District for the Southern District of New York granted summary judgment for the defendants but did state, "These circumstances present a troubling reality that required defendants to balance at once their responsibility to maintain order and security within the facility and their duty to protect the constitutional rights of the detainee." In all cases, detainees are protected under the law from inhumane treatment.
Justifiable Reasons for Being Detained
Lawful detainment is generally associated with criminal activity as it relates to persons attempting to commit or actually committing criminal acts in violation of the laws of the state. If a person is suspected of committing a crime and is detained and later found not guilty, it cannot be said in those instances that the person had committed a crime. In determining the level of suspicion a law enforcement officer has when initiating a stop or detention, the officer must have a reasonable basis for the suspicion. Law enforcement officers rely on what is reasonable in addressing routine, day-to-day encounters with the public. For example, if money was stolen from a convenience store and there is evidence tying a certain person to the crime, that person can be lawfully detained as the suspect.
Another lawful reason the police may detain you is to protect public safety or for the safety of the detained person. Police may lawfully detain a person in order to keep a drunk driver off the road or to prevent a person from physically harming another person. Even in the absence of evidence of criminal activity, law enforcement may lawfully detain a person in order to protect the person from self-harm or to render aid. As the adage goes, police are often required to protect us from ourselves.
Police may also detain persons in the country illegally until the matter can be resolved. The suspicion of this status can include cultural appearance, inability to communicate in English, and/or an inability to produce appropriate ID or proof of citizenship, among other things. The law is unclear on the ability of local law enforcement in the United States to detain persons for immigration purposes, though there is at least one federal circuit court that has upheld the limited authority of local law enforcement to detain persons for United States Immigration and Customs Enforcement (ICE).
The Process Behind Detainment
When an individual is detained, law enforcement generally must have reasonable suspicion to believe that the person was or will be involved in criminal activity. Reasonable suspicion is a lower standard of proof than probable cause, which is what officers need to arrest a person. Ultimately, however, it is up to the courts to determine if the detainment was constitutional. In most cases, the procedures such as questioning, temporary detention and handcuffing meet the standard. Unlawful detainment may result in evidence obtained during the detainment from being inadmissible in court. If law enforcement stops an individual without a warrant, they will identify themselves as law enforcement and inform the person that they are being detained. Because detainment is not an arrest, the person is not read their rights and there is no arrest record created. Officers will typically inform the person why they are being stopped, such as for a traffic violation, and then will ask questions such as: The person is informed that they will be detained while law enforcement conducts an investigation into the suspected crime. Examples of investigations include: If law enforcement intends to arrest the individual, they will place them in handcuffs, read them their rights, place them in the patrol car and transport them to the police station. Some individuals may not recall being placed under arrest during the booking process. This is often because law enforcement, particularly first responders, are well-trained in their protocols, and therefore have a fluid system of collecting data, securing the scene, booking suspects, etc. Depending on the nature of the investigation, law enforcement may search the premises in pursuit of evidence. This is executed using a search warrant and with supervision from a supervisor so that the search is as minimal as possible. Along with no warrants required by police officers, detainment procedures also eliminate the requirement for "Knock and Announce". Because the suspect is not under arrest, the law enforcement officer only needs to provide: Once law enforcement officers arrive on the scene, they will secure and assess the premises before detaining any individuals. They have the authority to use necessary procedures to secure the scene from harm and to prevent flight out of the premises. A person who is a witness to or who has knowledge of a situation can be temporarily detained, but otherwise cannot be detained without a warrant. However, if the suspected person flees from the scene or refuses to answer questions, this may alter the situation.
Impact of Detainment on Legal Matters
Detainment of a defendant, in illegal circumstances, can have a lasting impact on the legal case that follows. Charges against a defendant could be dismissed due to an unlawful search and seizure, consent issues (such as an individual who is intoxicated) or other circumstances that could cause a case to be dismissed by a judge. Even if the charges remain, the individual in question could have their trial delayed or even be released from custody until the actual trial date, if the detainment was unlawful as decided by the judge in his or her discretion.
If a suspect is detained without the warrant or outside of the local police department policy for detainment, the judge may dismiss the case if they are deemed ineligible to sign an arrest warrant to keep the suspect in a holding cell until their hearing date.
Additionally , if a judge finds a suspect or defendant was detained for too long, they may either dismiss the case entirely or reduce the charges, if the reason for the judge’s decision was such that the suspect was not safely detained, even if only temporarily.
If the judge does dismiss the case and the prosecutor feels it is in the best interest of the population to pursue a new case against that individual, they have the option of presenting new evidence to the judge and obtaining a new warrant for the arrest of the alleged perpetrator.
Additionally, an unlawful detainment could be grounds for compensatory damages. If the damages endured by the victim(s) are significant, the judge has the option of imposing jail time for the officer in question. The suspect may also file a civil suit against the local police department for compensation.
How to Challenge Unlawful Detainment
If you believe that you or someone else has been unlawfully detained, there are several options available to seek redress. It is essential to act quickly since there may be a limited timeframe in which to file a complaint. In cases involving police or government detainment, it is crucial to file an internal complaint with the relevant department or agency. This not only ensures a record of your grievance but may also prompt other, necessary investigations that can help your case.
Additionally, you should retain legal counsel as soon as possible. An experienced lawyer specializing in unlawful detainment can provide invaluable advice on the strategy and process for filing a complaint. This is particularly important in the case of a tort claim, where there is a preset statutory timeframe in which you must file the claim in order to avoid forfeiting your right to recovery. Moreover, if the police were involved in the unlawful detainment, any investigation against the involved officers will require a civil suit. While information may be more difficult to find from the police since they are the ones who acted unlawfully, a lawyer will know exactly how to properly file civil suits against the police in the right way.
In terms of remedies, the law provides for various forms of damages for victims of unlawful detention. This may include:
· Compensatory damages
o Non-economic damages
o Economic damages
· Punitive damages
· Declaratory relief
· Injunctive relief
The Distinction Between Detainment and Custody
To understand detainment, it helps to understand how it differs from being in custody. Both involve restrictions on one’s movement. A "detainment" is a short-term cessation of movement that does not require the individual’s consent. "Custody," however, is when a person is tightly controlled by an individual acting as an agent of law or authority with the subject’s acquiescence or against the subject’s will. A person is in custody when her freedom of movement is curtailed to a degree associated with formal arrest.
The difference between detention and investigation is also that of degree . Police may detain individuals who manifest behavior reasonably leading the officer to suspect the terms of a crime have been violated, but who do not meet the probable cause standard. Probable cause determination is required for arrest. So, although "detainment" suggests a relatively short-term, informal, and casual segment of police interaction with private citizens, the concept has variable and case-specific meanings under applicable statutory and constitutional provisions. What is therefore not formally "detention" may objectively amount to functional detention because of its effect in practice.