When You Are Not Under Arrest But You Are Not Free To Go

[grean]

In what instances can you be detained by the police where you are not under arrest but they say you are NOT free to go, either?

Is this actually possible or just a movie/tv thing?

If it is possible, in which cases can they legally detain you but not arrest you for any period of time?

When are they not allowed to detain you?

How long can they detain you?

At what point are your civil rights violated if they do detain you without arresting you?

[1980saguy]

Yes, it is possible. For example, you've been pulled over by an officer for any traffic violation. You are detained, but not free to leave. Once they run your info and issue the ticket you are free to leave. Not allowing you to leave would be a violation of your fourth amendment rights.

Officers cannot detain you if they don't have reasonable suspicion to stop (Terry, traffic, etc.) or unless they have probable cause to arrest.

How long they can detain is a very fact specific question.

[dannyboy13]

In Texas, and probably all states, the police can detain you for a "reasonable length of time" if they have a "reasonable suspicion" that a crime has been committed or is about to be committed. Different circumstances allow different lengths of time to be considered reasonable. For example, if the police see you standing next to a car in the ditch, with smoke coming from the engine, and no other person in sight, they would be allowed to keep you at the scene and ask you questions while they tried to determine if you had been driving while intoxicated. You can even be handcuffed (for officer safety!) while they conduct a brief investigation.
If, however, they simply stop you on the street (or walking into or out of a hotel), they would not be allowed to keep you from leaving once you have answered a few basic questions.
Keep in mind, you can always be arrested whenever a police officer decides that you need to be detained. That doesn't mean you will be convicted of anything. The old saying that you can beat the rap, but you can't beat the ride is absolutely true.

[imamonger]

And if you are arrested you must typically be charged within 72 hours or cut loose.

[grean]

Originally Posted by dannyboy13

If, however, they simply stop you on the street (or walking into or out of a hotel), they would not be allowed to keep you from leaving once you have answered a few basic questions.

So when I ask," am I free to go?"

they say, "no" and then start to ask questions.

I of course tell them I am remaining silent.


What then?

Do I reply to each question with, "am I free to go?"

Edit: to be clear, I state I am remaining silent in response to thier first"basic" question.

[Treetop78759]

We don't have any problems with the municipal and county police in Williamson County because most of us folks carry hot and fresh Round Rock Donuts.

[gt27]

You could just tell them that you will remain silent until you no longer are detained. At that point, you spare yourself of the award reply to their nagging questions.

[grean]

Originally Posted by gt27

You could just tell them that you will remain silent until you no longer are detained. At that point, you spare yourself of the award reply to their nagging questions.

Ok. Sure. This gives me a couple of more questions.

1. Is it correct, that once you have been arrested and express you are remaining silent and request an attorney, they must stop questioning you until your lawyer is present?

2. If that's not true, and you must simply remain silent through out their qustions, I don't have a second question.

However, if it is true that they must stop asking questions, do I have a right to an attorney for their questions while I am just being detained? Is it okay to break silence to request an attorney for any questions they have once I say, "I am remaining silent"?

[dannyboy13]

To answer question 1, yes, it is true that the police cannot continue to question you once you invoke your right to counsel.
To answer question 2, if you are only being detained, and are not being questioned regarding a potential criminal offense, you have no need for an attorney. You can still ask for one, and once you do, most police will just let it alone. Technically, you only have the right to an attorney if you are undergoing a 'custodial interrogation'. That means you are in custody. That means the police think you committed a particular crime (usually). If you are on the street, stopped by the police, and they ask general questions (who are you, what are you doing here, did you know that this hotel is used for prostitution) you are not undergoing a custodial interrogation. You have the right, once you identify yourself, to refuse to answer other questions, and to leave. " Gee, officer, I'm in kind of a hurry. I have to go now" is usually all you need to say to be left alone and allowed to leave. Unless the officer has a 'reasonable suspicion' that you are engaging in criminal activity, you have the right to leave.
I wish there was a clear and concise answer, but criminal law is pretty confusing to normal people. And some lawyers.

[grean]

Whoa......

I thought, assuming I am not in my car, unless I am under arrest, there is no requirement for me to identify myself. I cannot lie and say my name is SJ, but I do not have to identify myself.

Did I missunderstand something?

[dannyboy13]

The police have a right to ask your identity. We even have a law called 'Failure to Identify'. If memory serves, it's just a Class C misdemeanor (for sure just a misdemeanor). We let the police engage the public in conversation, and they are allowed to ask you to identify yourself. Supposedly for officer safety, but whatever.

[ck1942]

And if you are in the vehicle's driver seat, LEO can also request your DL, your insurance and probably the car's registration.

imo, if you are stopped ANYWHERE by a LEO, being polite, reasonable and respectful will go a long way to ending the encounter in your favor.

[Joe Buck]

Originally Posted by grean

So when I ask," am I free to go?"

they say, "no" and then start to ask questions.

I of course tell them I am remaining silent.


What then?

Do I reply to each question with, "am I free to go?"

Edit: to be clear, I state I am remaining silent in response to thier first"basic" question.

Under arrest or not you are entitled to have a lawyer present during any questioning. If you ask if you are free to go and they say no your next response should be I would like to make a phone call and have my attorney present before answering any questions. Once you ask for an attorney they can no longer question you unless he is present.

[grean]

Originally Posted by dannyboy13

The police have a right to ask your identity. We even have a law called 'Failure to Identify'. If memory serves, it's just a Class C misdemeanor (for sure just a misdemeanor). We let the police engage the public in conversation, and they are allowed to ask you to identify yourself. Supposedly for officer safety, but whatever.

So this varies by state.

One last question - If one is arrested, detained, or just pulled over while driving, do one have the right to know why you were arrested, detained or pulled over? When must they tell you and is there certain verbage you must use to make them tell you other than asking, " why am I being pulled over, detained, and or arrested? "

Can they refuse to inform you, and if so, under what circumstances?

[bigrich75]

What if immigration stops you to inspect your vehicle on one of the international bridges? Like in a secondary on the bridge?