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To: Jonty30

No they have to legally and formally arrest you and marandize you before they can imprison you. Then they have three days to decide whether to charge you for a crime or not.

Detained is just being delayed and held at the scene while still retaining constitutional rights. Arrest is a formal temporary loss of rights and imprisonment. I don’t care how they word it, being taken to jail and held is not just “detainment”.

This is why keeping arrest records without any convictions is BS. You can be arrested and released yet now you have a life sentence. That record of arrest haunts you for the rest of your life even though you were innocent and never even arraigned. Background checks for employment, credit score, by your new girlfriend, Etc.

When you are hauled to jail it is not a “detainment” record, it is an ARREST record. And convicted or not, for live you are automatically guilty of whatever you were arrested for. And law enforcement could care less if they destroy your life forever over nothing. Constitutional rights are designed to protect us from this very unnecessary hardship.


71 posted on 12/09/2023 1:53:14 AM PST by Openurmind (The ultimate test of a moral society is the kind of world it leaves to its children. ~ D. Bonhoeffer)
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To: Openurmind

No. The first time you are Constitutionally required to be informed of why you are being arrested is when you are arraigned for the first time.

Yes, detainment is a delay to help eliminate you as a suspect or to bring you back to your senses if you were acting out of control, like you’re drunk or just out of your mind.

https://openstax.org/books/american-government-3e/pages/4-3-the-rights-of-suspects


74 posted on 12/09/2023 2:13:06 AM PST by Jonty30 (In a nuclear holocaust, there is always a point in time where the meat is cooked to perfection. )
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