Anonymous wrote:They specifically say they can detain but not arrest people. Whatever that means.
But, but--they know nothing about state criminal statutes or local ordinances. They may be trained in rules of military engagement which is completely different than civilian criminal law. And how long do they get to detain people?
Atlantic has an article about how Hitler used claims of civil disorder and then the Reichstag fire to take over the governments of German states.
What is Detainment?
A detainment is when law enforcement personnel hold an individual for a short time. Detentions can occur in various contexts, including traffic stops or street encounters. If police detain you, they believe you committed a crime, but they don’t have enough evidence to arrest you.
Police need more than just hunch to detain you. They must have a reasonable suspicion that you committed a crime. It is illegal for police to detain you without reasonable suspicion.
Members of law enforcement can detain you for a reasonable time without officially taking you into custody, so they can ask questions to determine if there is probable cause that you committed a crime. If they do have enough evidence to meet the threshold of probable cause, they must let you go.
What is an Arrest?
If police find probable cause that you committed a crime, they can arrest you. Arrest is a more severe and formal action taken by law enforcement. It involves depriving you of your freedom with the intent to charge you with a specific crime.
Once arrested, you have certain constitutional rights, such as the right to remain silent and the right to an attorney. When police arrest you, they typically take you into custody and book you into jail.
One primary distinction between detention and arrest lies in their duration. Detentions allow law enforcement to quickly assess a situation. Arrests, on the other hand, involve a longer deprivation of freedom and trigger a legal process that may lead to criminal charges.