To be more specific, the term “detention” includes any instance where the police have deprived a person of their freedom of liberty. This may occur either before or after a formal arrest. However, the terms “detention of suspect” and station house detention refer specifically to the holding of the suspect at the police station.
In order to lawfully conduct a station house detention, the police need full probable cause to arrest the suspect and bring them to the station for fingerprinting or interrogation. A suspect may be detained for an indefinite period of time before trial for various reasons (for example, to protect the public from harm or to prevent their escape).
A judicial determination of probable cause should be made as soon as possible after an arrest has been made, especially for warrantless arrests. Generally speaking, probable cause should be confirmed no more than 48 hours after the arrest.
In any criminal case, a person has a right to an attorney according to the 6th Amendment of the Constitution. However, this right applies only after formal charges have been filed against the suspect. In most station house detentions, charges have not yet been filed, and so the 6th Amendment right to an attorney does not yet apply.
A suspect being detained also has a right not to incriminate themselves under the 5th Amendment. They are free to remain silent or to divulge only information that will not lead to further incrimination. Also, any confessions that the suspect makes must be voluntary according to the 14th Amendment.
That is, the police cannot use force threats of violence in order to obtain a confession. On the other hand, other inmates or detainees can be used by police to obtain statements from the suspect, even if the suspect is unaware of their cooperation with the police.
One of the criticisms of police station detentions is that they can sometimes subject a suspect to extended periods of detention even before they have been found guilty. It is often difficult to make up for the lost time spent in the station’s holding quarters.
Alternatively, a suspect who has been subject to false imprisonment may sue for damages in a court of law.
Last Modified: 06-19-2018 08:42 PM PDTLaw Library Disclaimer
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