Arrested or Detained?

What is the name of your state? What is the name of your state? CA

My 20year old nephew was arrested/detained on suspicion of robbery. He was taken into custody on a early Tuesday afternoon and released late Wednesday afternoon. During this time period he was not allowed a phone call to let anyone know where he was at. He was photographed. fingerprinted and strip searched... he has no previous record. The police that arrested him stated that he "fit the description".

The concern in our family is that he now has a police record. Is there a way to request that all photos of him and his fingerprints be destroyed since the charges against him were dropped. My husband says that he does not have a record since the paperwork states that he was just "detained" what is true and what can we do about this situation.

Thanks for any assistance, police arrest is definately my grey area.

[stephenk]

all the records cant be destroyed just because nothing came of the detention.

Did the police say he is no longer a suspect? If yes, there is nothing on his "record".

I would guess he is no longer a suspect. The officers involved simply asked him was he ready to go home and he was released. But aren't the police required to give him a phone call, we had no idea were he was for almost 24 hrs and is it standard operating procedure to photograph and fingerprint suspects?

Are they suppose to get a warrant to strip search someone. He just fit the description and they were THEN able to able to strip search him. What was there probable cause? He looked like to person? Was he in the particular area at the time, did he have property on him? was he running. You and I can look like alot of people. I think they were careless and negligent and I would be looking further into the matter. Strip search someone is alot different than searching for weapons or something. Thats a major invasion of someones privacy don't you think? I thought all body searches needed warrants or some kind of approval from a magistrate.

[racer72]

Warrants are not needed for strip searches. Failure to comply can result in charges though. Strip searches are standard procedure for most jails.

And as I found out, police records cannot be destroyed. It will not show any arrests or convictions either. You can be held for up to 72 hours without being charged. And again, what you see on TV is not what happens in real life. You do not get to make a phone call till you are arrested. He was not arrested, he was held for investigation. There is nothing in your posts that any laws or civil rights violated. He may wish to speak to an attorney but I don't think it will do any good.

Jailers are required to search prior to admitting someone into a jail in the state of California. This is not to deprive anyone of their rights but for the safety of the jailers and the other inmates. In this case, the jailers didn't do wrong. Criminal records can be expunged, but since your nephew was not arrested, he wouldn't have a criminal record, which is the same for a person that has charges dropped or is found not guilty. But, the fingerprints and photo will remain in the jail's records for being admitted to that jail.

What was the description ?????????

Was it a hoodlum type?

then maybe your nephew should take a HINT and learn not to dress like one again.

CA is a tough place to be put in jail, with all the gangs and young guys thinking they are the baddest. This would make the jailers even tougher. Jails are run by the Sherriffs dept and to advance to patrol, they have to do their time and prove themselves. If your nephew was strip searched, most likely his attitude brought it on. How a person dresses doesn't make them a hoodlum, but they could be percieved as one. To each is own. There are lots of hoodlums in shirts and ties--look at the CIA. The search is not legal nor did it violate any of your nephew's rights since he was only detained.