How long can you be detained without cause?

How long can you be detained without charges?

Contact an Experienced Criminal Defense Attorney

You are only allowed to be held without charges for a total of 48 hours or less..

Can a police officer detain you without cause?

The U.S. Constitution protects you, your home, and your property from “unreasonable searches and seizures” including being detained for no reason other than an officer’s hunch. Legally speaking, the police cannot arrest you and then fabricate a reason for the arrest after the fact.

How long can law enforcement hold you?

Law enforcement can hold you for 48 hours before they must charge you. You will still have an arrest record that might be expunged. Your mugshot might be available online. Your attorney can work with you to remove online records of your arrest if you are released.

Can you leave if you are being detained?

This often prompts a question about how long the police can legally detain someone if they are not officially under arrest – after all, a person should have the right to leave if they are not being arrested for a crime.

What questions can police ask you?

They can ask about your name, address and age, or request your I.D. The police must have a reasonable suspicion – meaning a clear, specific and unbiased reason for suspecting that you committed, are committing, or are about to commit a crime. They cannot stop you simply because you “look suspicious.”

Can you be detained for investigation?

A police officer may briefly detain a person, without a warrant, if the officer has reasonable suspicion that the person is involved in a crime, and an officer may use reasonable force to effect that detention.

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Can you walk away from a police officer?

Can I Walk Away? Unless a police officer has “probable cause” to make an arrest, “reasonable suspicion” to conduct a “stop and frisk,” or a warrant, a person generally has the legal right to walk away from the officer.

Can you tell a cop you don’t answer questions?

You have the constitutional right to remain silent. In general, you do not have to talk to law enforcement officers (or anyone else), even if you do not feel free to walk away from the officer, you are arrested, or you are in jail. You cannot be punished for refusing to answer a question.

Can you ignore a police officer?

During an Arrest, You Have the Right to Remain Silent

You cannot walk away from police officers, but you can refuse to answer any questions they have until your attorney comes to represent you. It is important to exercise your right to remain silent during an arrest.

Can police hold you for 48 hours?

The 48hour rule states that someone cannot be held in custody for longer than 48 hours from the time of arrest unless the judge has signed a complaint, making an initial determination that there is probable cause for the charge, or unless the judge finds there is probable cause to detain the person for a longer period

How long can police hold you before arraignment?

Despite the Supreme Court ruling that initial appearances that are combined with probable cause hearings must be held within 48 hours of arrest, many jurisdictions provide a 72-hour window for arraignment.

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Do the police have to tell you why you are being detained?

Officers don’t need to tell you the cause for your arrest immediately. In most jurisdictions, the criminal court system has 48 hours to provide the reason for your arrest. Typically, if you‘re not told directly, you‘ll find out your charges and reason for arrest at your arraignment.

Do you have to tell a cop where you are going?

While the police may require you to tell them your name (depending on state law), they may not legally require you to tell them about your immigration status, where youre traveling from, where youre going, or what youre doing. If you wish to exercise your right to remain silent, you must say so out loud.

Can the police hold you for questioning?

Police Detainment

The police can detain you when they have a reasonable suspicion that you have committed a crime. While no set time limit exists, police are only allowed to detain you for a reasonable period while they conduct an investigation. During the investigation, they will likely try asking you questions.

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