Everyone talks about rights during arrest, but what about rights during detention?

[cbn620]

What is the name of your state? California

Hello,

This site features a lot of information on personal rights during arrest, but it doesn't seem to cover much about rights during detention. I personally have never been arrested, but have been detained a handful of times, all under baseless and unfounded suspicion. I suffer anxiety and panic disorder, and each time I've been detained has been a step in the wrong direction for my good mental health.

I have a few questions about being detained:

What are my rights during detention? What should I do when placed under detention? Where in local, state and federal law can I read specifically about detention and the rights of detained persons?

Specifically, do I have the right to ask for permission to leave? Is there anything I can do to expedite the process of being detained? I have been held as long as one and one half hours while having my name and records run, since I did not have any identification on my person.

If I am being harassed or intimidated during detention, what should I do? Am I legally allowed to resist detention (physical or non-physical resistance), and if I resist does that give them the automatic right to arrest me?

 

[CavemanLawyer]

The only information that you are legally required to give during a detention is your name and date of birth, or some other information regarding your identity. Other than that, any information that you give must be truthful if it pertains to an investigation. Also if you have any information about a felony that has been committed by someone else you must divulge that, but that applies generally whether you are being detained or not.

You have the right to refuse everything but a lawful command or a lawful arrest. You could resist an unlawful arrest but than you'd be charged with resisting arrest and you could be convicted if that arrest, however unreasonable to you, were proved to be lawful nonetheless.

You could ask whether you are free to go if you are unsure as to whether you are in fact free to go, because at that point you are officially being detained. I don't think this is going to speed up an investigation though. Honestly, I think the best way to speed up an investigation is to be polite and do everything the officer says. I think this is true even where the officer is intentionally just harassing you.

If you are being detained by an officer you better not put anything in your mouth without explaining what it is first and getting permission. The officer never knows what crime a detention might uncover and that pill you just swallowed could be evidence to him/her. Again, this isn't any kind of legal rule, "thou shall not take your medication" its just kinda common sense. Taking your meds might seem harmless and normal to you but to the officer it is justifiably suspicious, and even if you are factually innocent of any crime, all the officer needs is a probable belief that you have committed a crime in order to arrest you.

The problem with being uncooperative with police is that you often leave them with nothing more than their initial observations and a refusal of evidence, which can be considered suspicious. This means that you will find yourself getting arrested in some of these situations where you could have been released. Consider a DWI stop. If an officer observes you swerving (because you were adjusting the radio) and smells alcohol on your breath (because you just drank a single beer) and you refuse to talk or do any tests, you are going to be arrested even though you are not DWI, and there's nothing unreasonable about that.

If you feel a detention was unreasonable, or became unreasonable, than you should file a complaint with the agency.

 

[cbn620]

Right, thank you very much for the informative and prompt response!

One small question. Can I ask to take my medication, and can the officer deny me that right?

 

[CdwJava]

Can I ask to take my medication, and can the officer deny me that right? If the officer denies me that right, is that legal?

Yes, you can ask. Yes, the officer can lawfully prevent you from taking your medication during the detention.

Again, these are 100% legal prescribed medications, not street drugs, though I understand what you mean when you say I shouldn't be sticking anything in my mouth when a police officer walks up on me. That is why in the past I always thought better of even asking the officer if I could take my medication.

People frequently lie to us. Most officers are NOT able to determine whether the medication you pull from a bottle is, indeed, the medication that is supposed to be in the bottle. And since we are largely responsible for what happens to you while in our care, no officer is going to want to risk your overdose, suicide, or negative reaction while we have you detained.

You should ask ... the officer might let you take your med. On the other hand, he may just ask that you wait a couple more minutes until you are free to go.

- Carl

 

[babyluch]

I was detained

I was detained and I refuse to cooperate with the officer as I see no proba cause. I was standing nearby while they were arresting a couple of people. I went over as a spectator to see what was going on. Next, Officer walks up to me, starts yelling for my identification. Now, I didn't tell them my name but I refuse to show my ID again I see no probal cause. Officers do abuse there authority, from what I"m reading from this post, it seems when you are detained, you have not right at all to uphole your civil liberties????

 

[CdwJava]

I was detained and I refuse to cooperate with the officer as I see no proba cause. I was standing nearby while they were arresting a couple of people. I went over as a spectator to see what was going on. Next, Officer walks up to me, starts yelling for my identification. Now, I didn't tell them my name but I refuse to show my ID again I see no probal cause. Officers do abuse there authority, from what I"m reading from this post, it seems when you are detained, you have not right at all to uphole your civil liberties????

Please start your own thread, or add this inquiry to the thread you have already begun.

- Carl