How should you differentiate detain vs arrest?

How should you differentiate detain vs arrest?

• A. Detain is temporary custody for investigative purposes; arrest is a formal deprivation of liberty with police involvement and probable cause.
• B. Detain and arrest are the same.
• C. Detain requires a court order.
• D. Arrest is a temporary custody with no police involvement.

Answer: (A)

Detaining vs arrest comes down to how long and how seriously a person’s freedom of movement is restricted, and who is involved. Detaining is a temporary hold aimed at investigation and verification, often based on reasonable suspicion, with the goal of resolving a question or gathering facts. Arrest is a formal taking of a person into custody that deprives them of liberty more substantially and is supported by probable cause, typically involving police. So the best description is that detention is a short, investigative hold for investigative purposes, while arrest is a formal deprivation of liberty with police involvement and probable cause. The idea that they’re the same, or that detention requires a court order, or that arrest is only a temporary hold with no police involvement, don’t fit the real distinction.

Detaining vs arrest comes down to how long and how seriously a person’s freedom of movement is restricted, and who is involved. Detaining is a temporary hold aimed at investigation and verification, often based on reasonable suspicion, with the goal of resolving a question or gathering facts. Arrest is a formal taking of a person into custody that deprives them of liberty more substantially and is supported by probable cause, typically involving police.

So the best description is that detention is a short, investigative hold for investigative purposes, while arrest is a formal deprivation of liberty with police involvement and probable cause. The idea that they’re the same, or that detention requires a court order, or that arrest is only a temporary hold with no police involvement, don’t fit the real distinction.