What is the difference between arrest and detain?

The terms “arrest” and “detain” are often used interchangeably in casual conversation, but they have distinct legal meanings:

Definition: Arrest is a formal action taken by law enforcement to take an individual into custody.
Purpose: It usually occurs when an officer has probable cause to believe that a person has committed a crime.
Process: During an arrest, the individual is typically read their Miranda rights, handcuffed, and transported to a police station or jail.
Legal Implications: An arrest often leads to criminal charges being filed against the individual. The arrest is recorded, and the individual will likely face court proceedings.

Definition: Detainment is a temporary restraint of an individual’s freedom of movement by law enforcement.
Purpose: Detainment can occur when police need to investigate a situation, ensure safety, or prevent a crime. It does not necessarily imply suspicion of a crime.
Process: During detainment, an individual may be questioned, patted down for weapons, or held in a location for a short period. They are not necessarily transported to a police station.
Legal Implications: Detainment is generally brief and does not always lead to formal charges or an arrest record. If further evidence is found, it could escalate to an arrest.

Arrest: A formal action with probable cause, leading to custody, charges, and legal proceedings.
Detain: A temporary restraint for investigation or safety, often brief and not necessarily leading to charges.

Understanding the difference helps in knowing the extent of police authority and the rights of individuals during law enforcement interactions.