
Have the police ever stopped you and questioned you about a situation? It can be nerve-racking, leaving you wondering whether you were detained or arrested. In Nebraska, the difference between the two is not just semantics; it carries significant legal consequences. Understanding the distinction can help protect your rights in these situations. We explore the differences between being detained vs. being arrested and the legal implications for each below.
Detained vs. Arrested: A Breakdown
Distinguishing between a detention and an arrest depends on the seriousness, duration, and legal protections provided to the individual. Knowing your rights in both situations ensures you are treated fairly.
Detention
Detention happens when a police officer temporarily restricts your freedom to question or search you. This can occur during a traffic stop, on the street, or even in a store if there’s suspicion of shoplifting. The main difference lies in the level of suspicion the officer has.
Nebraska law adheres to the reasonable suspicion standard for detentions. This means the officer must have a reasonable basis, beyond a mere hunch, to suspect you’ve committed a crime or are about to do so. For example, if you are loitering near a crime scene late at night and match a suspect’s description, you can be held for questioning.
During detention, you have certain rights, including:
- The right to stay silent and politely refuse to answer questions,
- The right not to consent to a search without a warrant unless under specific circumstances, and
- The right to ask how long the detention will last and why you are being detained.
Remember to stay calm and respectful during the interaction to avoid escalating the situation further.
Arrest
An arrest occurs when a law enforcement officer has probable cause to believe you’ve committed a crime. Probable cause is a higher legal standard than reasonable suspicion, requiring some proof that would convince a reasonable person you’re likely guilty. This standard requires more concrete evidence, like witnessing a crime in progress or finding stolen items in your possession.
Once you’re arrested, the officer will take you into custody and potentially book you in jail. This initiates a criminal case involving court appearances and potential consequences like fines or jail time.
Like with detention, you have rights when under arrest, including:
- The right to remain silent,
- The right to avoid incriminating yourself, and
- The right to a lawyer, even if you cannot afford one.
The court will appoint a public defender if necessary.
Can Police Detain You Without Arresting You?
Yes, under Nebraska law, police can detain you for a reasonable period with reasonable suspicion—and this is not a full arrest. Such a stop allows them to investigate further and determine if they have probable cause to arrest you.
However, if the detention becomes unreasonable in length or the officer lacks sufficient justification, it could violate your Fourth Amendment rights, which protect against unreasonable searches and seizures.
How Long Can Police Detain You Without Charge?
Nebraska law doesn’t specify a precise duration for a detention. However, courts consider detention reasonable if it takes as long as necessary to complete a brief investigation to confirm or dispel the officer’s suspicion. This typically involves verifying information, questioning witnesses, or conducting a pat-down search for weapons. In general, detentions should not exceed a few hours.
If you’re held for what seems too long, politely inquire about the expected duration of the detention. If the answer appears unreasonable, exercise your right to remain silent and request a lawyer.
Why Should You Contact an Attorney
Understanding the legal process after being detained or arrested can be overwhelming. If you find yourself in such a situation, seeking expert legal counsel is vital. An experienced criminal defense attorney can:
- Advise you on your rights and the best course of action,
- Review the details of your detention or arrest to assess potential violations, and
- Build a strong defense strategy to protect your rights and freedom.
Contact Petersen Criminal Defense Law if you need skilled legal representation or have additional questions concerning arrests and detentions in Nebraska. You can rest assured that our dedicated team will fight for your rights and seek the most favorable resolution to your case.