Simple English definitions for legal terms
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Detain: When the police hold someone for a short time because they think that person might have done something wrong, it's called detainment. This can happen if the police have a good reason to believe that the person has a weapon or is about to commit a crime. Sometimes, the police might also detain a car if they think the driver did something wrong. It's important to know that being detained is different from being arrested, but it's still serious.
Definition: In criminal law, to detain an individual is to hold them in custody for a temporary period of time. This can be done by law enforcement if there is reasonable suspicion that the individual is involved in criminal activity or if they need to investigate a potential violation.
For example, if a police officer sees someone acting suspiciously near a store that has just been robbed, they may detain that person for questioning. Or, if a driver is pulled over for speeding, the officer may detain them while they investigate whether any other traffic violations have occurred.
It's important to note that there is a difference between a detention and an arrest. A detention is a temporary holding, while an arrest is a more serious action that requires probable cause. Courts will look at various factors to determine whether a detention has turned into an arrest.
Example: During a traffic stop, a police officer detains the driver while they investigate whether the driver has been drinking. The officer smells alcohol on the driver's breath and asks them to perform a field sobriety test. If the test indicates that the driver is intoxicated, the officer may then arrest them for driving under the influence.
This example illustrates how a detention can lead to an arrest if there is probable cause for the more serious action. In this case, the officer had reasonable suspicion to detain the driver based on the smell of alcohol, but it was the field sobriety test that provided the probable cause for the arrest.