“Detained” vs. “Arrested”: Why the Difference Matters
A detention is a brief stop; an arrest is custody based on probable cause. Knowing the line helps you use the right words at the right time.
Detained: you’re not free to leave, but officers are still investigating. Expect questions and possibly a brief pat-down for safety. You can ask, “Am I free to leave?” If the answer is yes, leave calmly.
Arrested: you’re in custody based on probable cause. From here, use a short script and stop discussing facts.
Calm script: “I choose to remain silent. I want a lawyer. I don’t consent to any searches.”
How the line is crossed
- Moving from quick questions to handcuffs or transport to a station/jail.
- Officers say you’re under arrest or otherwise make it clear you’re in custody.
- Searches go beyond a brief frisk for weapons (unless you consent—be cautious).
What to do (and avoid)
- Keep hands visible; share ID if required. Don’t argue law on the sidewalk.
- Do not fill silence with guesses or explanations—those can be misheard.
- If booking happens, treat calls as recorded: logistics only, not case facts.