Legal Definitions - detention

Detention refers to the act of holding a person in custody or temporarily restricting their freedom of movement. It is a broad legal concept that encompasses various situations where an individual's liberty is constrained by legal authority, ranging from brief stops by law enforcement to longer periods of confinement before a trial.

There are several specific types of detention:

• Investigative Detention

  This occurs when law enforcement temporarily holds a suspect without formally arresting them, for the purpose of investigating their involvement in a crime. For such a detention to be lawful, officers must have probable cause to believe the person has committed or is about to commit a crime.

  • Example: Police officers are called to a bank following an alarm. They arrive to find a person standing near the back door, wearing dark clothing and gloves, and attempting to pry open a window. The officers stop the individual, ask them to remain in place, and question them about their actions while waiting for a supervisor to arrive and confirm the situation.

    Explanation: This is an investigative detention because the officers are holding the individual based on strong suspicion (probable cause) that they are involved in a crime, for a brief period to gather more information, without yet making a formal arrest.

• Pretrial Detention

  This refers to the confinement of a defendant in jail before their criminal trial. This can happen if the defendant is unable to post the bail amount set by the court, or if a judge denies bail because the defendant is considered a flight risk or a danger to the community. In juvenile cases, a court may order a juvenile to be held in custody if there's a serious risk they might commit another crime before their next hearing.

  • Example 1 (Adult): A person is charged with a serious drug offense. The judge sets bail at $100,000, which the defendant cannot afford to pay. As a result, the defendant remains in county jail awaiting their trial date, which could be several months away.

    Explanation: This is pretrial detention because the individual is held in custody before their trial, specifically because they could not meet the financial requirements of bail.

  • Example 2 (Juvenile): A 16-year-old is accused of vandalism and assault. During an initial court appearance, the judge reviews the juvenile's history and determines that releasing them to their parents would create a significant risk that they would either flee or engage in further destructive behavior. The judge orders the juvenile to be held in a secure juvenile facility until their probable-cause hearing.

    Explanation: This illustrates pretrial detention in a juvenile context, where the court orders confinement based on the assessment that the juvenile poses a serious risk if released before their next court proceeding.

• Preventive Detention

  This is a form of confinement imposed to prevent an individual from causing harm, escaping, or committing further crimes while awaiting trial. It can also apply to mentally ill individuals who are deemed a danger to themselves or others.

  • Example: A defendant charged with domestic violence has a history of violating restraining orders and has made credible threats against the victim and potential witnesses since their arrest. The prosecutor successfully petitions the court to hold the defendant without bail, arguing that their continued detention is necessary to protect the safety of the community and ensure the integrity of the trial process.

    Explanation: This is preventive detention because the defendant is being held not merely due to inability to post bail, but specifically to prevent them from causing harm to others or interfering with the judicial process while awaiting trial.