Detention vs. Arrest — What's the Difference?
By Tayyaba Rehman & Fiza Rafique — Updated on May 13, 2024
Detention is a temporary and often brief holding of a person while their involvement in a potential crime is assessed; arrest is a formal action based on probable cause that someone has committed a crime, leading to their custody.
Difference Between Detention and Arrest
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Key Differences
Detention involves temporarily holding someone without formal charges to investigate their possible connection to a crime. It allows officers to determine the individual's role or gather more information. In contrast, an arrest is a formal legal action where a person is taken into custody because there is substantial evidence (probable cause) suggesting their involvement in a crime.
While detention is typically short-term and doesn't necessarily lead to charges, an arrest implies that charges are likely or imminent. Detention can occur without the full legal formalities required for an arrest, such as reading of Miranda rights, depending on the jurisdiction.
Detentions may occur for various reasons, such as during a traffic stop to check for valid documentation, or while the police determine if there is enough evidence to escalate the situation to an arrest. Conversely, arrests are supported by specific evidence and are usually followed by charging the individual.
The legal implications of detention are less severe compared to an arrest. A person detained is not formally charged and can often leave once the inquiry is completed, unless it leads to an arrest. However, an arrest often restricts the individual’s freedom until a court can rule on the case.
Both detention and arrest require law enforcement to adhere to legal standards that protect individual rights, but the threshold and consequences of an arrest are significantly higher, given its potential to significantly affect the individual’s legal standing and freedom.
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Comparison Chart
Purpose
Brief assessment or inquiry
Legal custody based on evidence
Duration
Short, limited to necessary duration
Longer, until legal proceedings
Legal Requirement
Reasonable suspicion
Probable cause
Rights Informed
Not always required
Miranda rights typically required
Outcome
May be released without charges
Likely leads to formal charges
Compare with Definitions
Detention
The act of holding a person in custody for a brief period, often for investigative purposes.
The police detained him at the airport for questioning.
Arrest
The act of taking a person into legal custody by authority of law.
He was arrested after the evidence linked him to the burglary.
Detention
Does not require the standard of probable cause necessary for an arrest.
She was detained due to suspicious behavior near the crime scene.
Arrest
Leads to the individual being formally charged and processed.
Following her arrest, she was booked at the local station.
Detention
Can occur without immediate legal proceedings.
After being detained briefly for questioning, she was allowed to go.
Arrest
Rights such as Miranda must be read during an arrest.
During the arrest, the police read him his rights.
Detention
Often used in situations like traffic stops or street checks.
He was detained during a routine traffic stop to check for a valid driver’s license.
Arrest
May result in the individual being held until bail is posted or a trial occurs.
He remained in custody after his arrest until the court hearing.
Detention
Less formal and shorter in duration compared to an arrest.
The officer detained the individual while waiting for backup.
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.
Detention
The action of detaining someone or the state of being detained in official custody
The fifteen people arrested were still in police detention
Arrest
To stop; check
A brake that automatically arrests motion.
Arrested the growth of the tumor.
Detention
The act of detaining.
Arrest
To seize and hold under the authority of law.
Detention
A period of temporary custody while awaiting trial.
Arrest
To capture and hold briefly (the attention, for example); engage.
Detention
A holding of a person in custody or confinement by authorities for political or military reasons.
Arrest
To undergo cardiac arrest
The patient arrested en route to the hospital.
Detention
A form of punishment by which a student is made to stay after regular school hours.
Arrest
The act of detaining in legal custody
The arrest of a criminal suspect.
Detention
(uncountable) The act of detaining or the state of being detained.
Arrest
The state of being so detained
A suspect under arrest.
Detention
(countable) A temporary state of custody or confinement.
Arrest
A device for stopping motion, especially of a moving part.
Detention
(law) Confinement of a prisoner awaiting trial.
Arrest
The act of stopping or the condition of being stopped.
Detention
(pedagogy) A punishment given to a student for a minor infraction, typically requiring the student to report to a designated room during recess or outside of school hours to work on homework or perform busywork.
Be stuck in detention
Arrest
A check, stop, an act or instance of arresting something.
Detention
(civil law) The bare physical control without the mental element of intention required for possession.
Arrest
The condition of being stopped, standstill.
Detention
The act of detaining or keeping back; a withholding.
Arrest
(legal) The process of arresting a criminal, suspect etc.
Detention
The state of being detained (stopped or hindered); delay from necessity.
Arrest
A confinement, detention, as after an arrest.
Detention
Confinement; restraint; custody.
The archduke Philip . . . found himself in a sort of honorable detention at Henry's court.
Arrest
A device to physically arrest motion.
Detention
A state of being confined (usually for a short time);
His detention was politically motivated
The prisoner is on hold
He is in the custody of police
Arrest
(nautical) The judicial detention of a ship to secure a financial claim against its operators.
Detention
A punishment in which a student must stay at school after others have gone home;
The detention of tardy pupils
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
Arrest
Requires a warrant or clear probable cause that a crime has been committed.
The arrest was made after finding stolen goods in her car.
Common Curiosities
Can police detain you without arresting you?
Yes, police can detain individuals to investigate or determine if there is sufficient evidence for an arrest.
Can I refuse to cooperate during a detention?
While you can refuse to answer questions to avoid self-incrimination, it is generally advisable to comply with police instructions during a detention.
What is the main difference between detention and arrest?
Detention is a temporary hold for inquiry without formal charges, while an arrest involves taking someone into custody with probable cause, typically leading to charges.
Is probable cause needed for both detention and arrest?
Probable cause is required for an arrest, while a lower standard of reasonable suspicion is sufficient for detention.
How do I know if I'm being detained or arrested?
You can ask the officer if you are free to go; if the answer is no, you are being detained or arrested. You can also ask on what basis you are being held.
What happens after an arrest?
After an arrest, individuals are usually taken to a police station, booked, and informed of their charges and rights. They may be held until bail is set or a court appearance occurs.
What recourse do I have if arrested without probable cause?
If arrested without probable cause, individuals may contest the legality of the arrest through legal channels, potentially leading to dismissal of charges or other remedies.
What rights do I have during a detention?
Individuals have the right to remain silent and to avoid incriminating themselves; however, Miranda rights are not always required to be read during a simple detention.
What should I do if I feel my detention was unjustified?
If detained unjustly, it is important to remain calm, comply with the immediate instructions, and seek legal advice as soon as possible.
How long can a police officer detain someone?
The duration of detention varies but is generally short and only as long as necessary to conduct a preliminary investigation or confirm identity.
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Written 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.
Co-written by
Fiza RafiqueFiza Rafique is a skilled content writer at AskDifference.com, where she meticulously refines and enhances written pieces. Drawing from her vast editorial expertise, Fiza ensures clarity, accuracy, and precision in every article. Passionate about language, she continually seeks to elevate the quality of content for readers worldwide.
