Detain vs. Arrest — What's the Difference?
Edited by Tayyaba Rehman — By Urooj Arif — Updated on March 21, 2024
Detaining involves temporarily holding someone for questioning or further investigation without necessarily charging them with a crime, while arresting is the formal act of taking someone into custody on suspicion of a crime, often leading to charges.
Difference Between Detain and Arrest
Table of Contents
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Key Differences
Detainment is a broader term used when law enforcement or other authorities hold an individual temporarily, usually for questioning or to prevent a situation from escalating. Arrest, on the other hand, is a specific legal action where an individual is taken into custody because there is reasonable suspicion or evidence that they have committed a crime.
Detainment can happen for various reasons and does not always imply suspicion of criminal activity. For instance, a person may be detained at a border for customs checks without any implication of wrongdoing. Arrest, whereas, directly implies that there is suspicion of illegal activity, and the individual's freedom is restricted with the intention of bringing them before a court or similar legal authority.
The duration of detainment is usually shorter than that of an arrest, intended only as long as necessary to conduct a preliminary investigation or ensure public safety. An arrest, conversely, can lead to longer periods of custody, depending on the legal processes that follow, such as arraignment, trial, or bail hearings.
The procedures involved in detainment and arrest also differ. For a lawful arrest, officers typically need a warrant, unless the crime is committed in their presence or there are exigent circumstances. Detainment requires reasonable suspicion but not necessarily the level of evidence required for an arrest warrant.
Comparison Chart
Definition
Temporary holding for questioning/investigation.
Taking into custody on suspicion of a crime.
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Purpose
To investigate, assess, or prevent escalation.
To charge with a crime and bring before a court.
Implication of Wrongdoing
Not necessarily implied.
Implies suspicion of illegal activity.
Duration
Short, as long as necessary for preliminary actions.
Potentially longer, until legal proceedings are resolved.
Legal Requirements
Reasonable suspicion.
Reasonable suspicion or evidence, warrant often required.
Compare with Definitions
Detain
Can be used in non-criminal contexts.
The student was detained after class for a discussion.
Arrest
Requires a higher threshold of evidence.
The arrest was made after gathering substantial evidence.
Detain
To prevent from proceeding.
Travelers were detained at the airport for additional screening.
Arrest
To seize by legal authority and take into custody.
The police arrested the suspect in connection with the robbery.
Detain
To hold temporarily for questioning.
The officer detained the individual for questioning near the crime scene.
Arrest
Rights are formally acknowledged.
Upon arrest, he was informed of his right to remain silent.
Detain
Not necessarily leading to arrest.
After being detained for a short period, she was released without charges.
Arrest
Leads to legal proceedings.
After her arrest, she awaited trial in custody.
Detain
Requires reasonable suspicion.
Based on suspicious behavior, the security team detained him for further investigation.
Arrest
Involves formal charges or the intent to charge.
He was arrested and charged with theft.
Detain
To keep from proceeding; delay or retard
Our friends were detained by heavy traffic.
Arrest
An arrest is the act of apprehending and taking a person into custody (legal protection or control), usually because the person has been suspected of or observed committing a crime. After being taken into custody, the person can be questioned further and/or charged.
Detain
To keep in custody or confinement
The police detained several suspects for questioning.
Arrest
To stop; check
A brake that automatically arrests motion.
Arrested the growth of the tumor.
Detain
(Archaic) To retain or withhold (payment or property, for example).
Arrest
To seize and hold under the authority of law.
Detain
(transitive) To keep someone from proceeding by holding them back or making claims on their attention.
Arrest
To capture and hold briefly (the attention, for example); engage.
Detain
To put under custody.
Arrest
To undergo cardiac arrest
The patient arrested en route to the hospital.
Detain
(transitive) To keep back or from; to withhold.
Arrest
The act of detaining in legal custody
The arrest of a criminal suspect.
Detain
(transitive) To seize goods for official purposes.
Arrest
The state of being so detained
A suspect under arrest.
Detain
To keep back or from; to withhold.
Detain not the wages of the hireling.
Arrest
A device for stopping motion, especially of a moving part.
Detain
To restrain from proceeding; to stay or stop; to delay; as, we were detained by an accident.
Let us detain thee, until we shall have made ready a kid for thee.
Arrest
The act of stopping or the condition of being stopped.
Detain
To hold or keep in custody.
Arrest
A check, stop, an act or instance of arresting something.
Detain
Detention.
Arrest
The condition of being stopped, standstill.
Detain
Deprive of freedom; take into confinement
Arrest
(legal) The process of arresting a criminal, suspect etc.
Detain
Cause to be slowed down or delayed;
Traffic was delayed by the bad weather
She delayed the work that she didn't want to perform
Arrest
A confinement, detention, as after an arrest.
Arrest
A device to physically arrest motion.
Arrest
(nautical) The judicial detention of a ship to secure a financial claim against its operators.
Arrest
(obsolete) Any seizure by power, physical or otherwise.
Arrest
(farriery) A scurfiness of the back part of the hind leg of a horse
Arrest
To stop the motion of (a person, animal, or body part).
Arrest
To stay, remain.
Arrest
(transitive) To stop or slow (a process, course etc.).
Arrest
(transitive) To seize (someone) with the authority of the law; to take into legal custody.
The police have arrested a suspect in the murder inquiry.
Arrest
(transitive) To catch the attention of.
Arrest
To undergo cardiac arrest.
Arrest
To stop; to check or hinder the motion or action of; as, to arrest the current of a river; to arrest the senses.
Nor could her virtues the relentless handOf Death arrest.
Arrest
To take, seize, or apprehend by authority of law; as, to arrest one for debt, or for a crime.
Arrest
To seize on and fix; to hold; to catch; as, to arrest the eyes or attention.
Arrest
To rest or fasten; to fix; to concentrate.
We may arrest our thoughts upon the divine mercies.
Arrest
To tarry; to rest.
Arrest
The act of stopping, or restraining from further motion, etc.; stoppage; hindrance; restraint; as, an arrest of development.
As the arrest of the air showeth.
Arrest
The taking or apprehending of a person by authority of law; legal restraint; custody. Also, a decree, mandate, or warrant.
William . . . ordered him to be put under arrest.
[Our brother Norway] sends out arrestsOn Fortinbras; which he, in brief, obeys.
Arrest
Any seizure by power, physical or moral.
The sad stories of fire from heaven, the burning of his sheep, etc., . . . were sad arrests to his troubled spirit.
Arrest
A scurfiness of the back part of the hind leg of a horse; - also named rat-tails.
Arrest
The act of apprehending (especially apprehending a criminal);
The policeman on the beat got credit for the collar
Arrest
The state of inactivity following an interruption;
The negotiations were in arrest
Held them in check
During the halt he got some lunch
The momentary stay enabled him to escape the blow
He spent the entire stop in his seat
Arrest
Take into custody;
The police nabbed the suspected criminals
Arrest
Hold back, as of a danger or an enemy; check the expansion or influence of;
Arrest the downward trend
Check the growth of communism in Sout East Asia
Contain the rebel movement
Turn back the tide of communism
Arrest
Attract and fix;
His look caught her
She caught his eye
Catch the attention of the waiter
Arrest
Cause to stop;
Halt the engines
Arrest the progress
Halt the presses
Common Curiosities
Is a warrant needed for detainment?
Generally, a warrant is not required for detainment, as it is for questioning or safety reasons based on reasonable suspicion.
How long can someone be detained before being arrested or released?
The duration varies by jurisdiction, but there are limits to prevent unreasonable detainment without charges.
Can anyone besides police detain a person?
Yes, certain authorities, like security personnel or border agents, have the power to detain individuals under specific circumstances.
What rights do I have if I am detained?
Rights can vary, but individuals typically have the right to know the reason for their detainment and may have the right to contact an attorney.
What constitutes reasonable suspicion for detainment or arrest?
Reasonable suspicion is based on specific facts and the logical inferences from those facts, indicating that criminal activity is afoot.
What is the difference between being detained and being taken into custody?
Being detained is a temporary measure for questioning or investigation, while being taken into custody typically refers to an arrest.
What happens after a person is detained?
After detainment, authorities may release the individual, escalate the matter to an arrest if evidence of wrongdoing is found, or take no further action.
Can a detainment lead to an arrest?
Yes, if during detainment, sufficient evidence is found, it can escalate to an arrest.
Can I be searched if I'm detained?
Yes, but the extent of the search and the reasons for it are subject to legal standards and vary by jurisdiction.
Can I refuse to answer questions if detained?
Yes, individuals have the right to remain silent and request legal representation, even if not formally arrested.
Are detainment records public?
This can vary, but detainment records are not always public, especially if no charges are filed.
What happens if the police arrest someone without reasonable suspicion?
An arrest without reasonable suspicion can be challenged in court as unlawful, possibly leading to the dismissal of charges.
How can I challenge unlawful detainment or arrest?
Individuals can challenge unlawful detainment or arrest through legal proceedings, often with the assistance of an attorney.
What should I do if I believe my rights were violated during detainment or arrest?
Document the incident and consult with a legal professional to explore options for addressing the violation.
Does detainment appear on a criminal record?
Detainment without arrest or charges usually does not appear on a criminal record.
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Written by
Urooj ArifUrooj is a skilled content writer at Ask Difference, known for her exceptional ability to simplify complex topics into engaging and informative content. With a passion for research and a flair for clear, concise writing, she consistently delivers articles that resonate with our diverse audience.
Edited by
Tayyaba RehmanTayyaba Rehman is a distinguished writer, currently serving as a primary contributor to askdifference.com. As a researcher in semantics and etymology, Tayyaba's passion for the complexity of languages and their distinctions has found a perfect home on the platform. Tayyaba delves into the intricacies of language, distinguishing between commonly confused words and phrases, thereby providing clarity for readers worldwide.
