Purchase Solution

Detainment, formal arrest and custody

Not what you're looking for?

Ask Custom Question

Explain the differences between detainment, arrest, formal arrest, and custody. Compose a brief, realistic scenario that illustrates each of these situations.

Purchase this Solution
Solution Summary

An explanation of what detainment, being taken into custody and what formal arrest is. Also examined is how they are each different and what situations each time of arrest pertains to.

Solution Preview

FORMAL ARREST: Formal arrest happens when you are caught breaking the law, handcuffed and told by the arresting officer what you are being arrested for. You are taken to jail where are you fingerprinted, photographed and held in detainment (which is temporary) until you make bail or the judge lets you be released through a court proceeding. Also, during a formal arrest you aren't always read your Miranda rights but are told that you are being arrested for whatever crime you have committed. Additionally, a formal arrest usually is the result of someone committing a misdemeanor offense if they have committed a criminal offense in the presence of an officer. There ...

Purchase this Solution
Free BrainMass Quizzes
Title VII

This Quiz pertains to the spectrum of Human Rights through Title VII

Contract Requirments

How much do you know about the legal requirements for a contract? Find out with this quiz!

Title VII Laws

Learn the basics of the laws under Title VII.

Evidence

Do you know your evidence objections? Find out with this quiz!

Criminal Defenses Review

Test your knowledge of the basics of criminal law and defenses with this quiz.

View More Free Quizzes
Related BrainMass Solutions

  • Admissible and non-admissible evidence

    An authorized arrest is taking a person into custody against their agreement (will) for the purpose of suspected criminal questioning and/or prosecution.

  • Creating a case against a criminal offender

    Would I need to show arrest? detainment? how would a misdemeanor make it to the supreme court?. Here are the steps you should follow in doing your assignment. I will try to be as specific as possible. 1.

  • Justice System Procedures and Miranda laws

    Supreme Court guidelines, Miranda is only required when both custody and interrogation are present. Do you feel that an individual should be Mirandized at the point of arrest, regardless of the Supreme Court's guidelines? Why, or why not?

  • Police and Arrest Warrents

    of the magistrate or metropolitan courts, a criminal complaint shall be prepared and given to the defendant prior to his or her transfer to custody of the detention center.

  • Jose Padilla v. Rumsfeld

    A civil suit is being pursued in civil court against the government for Padilla's illegal detainment without charge and the alleged torture he endured while in the military brigade.

  • Crime Evidence Scenarios

    This is a key point because police are free to question and do not have to read off Miranda rights if they do not take a person into custody.

  • The Status Offender and its Impact on Juvenile

    If a Juvenile was arrested and considered a false arrest and filed a civil action lawsuit against the arresting officer and city. Nothing was done in superior court then an appeal made to The U.S.

  • Stop and Frisk, Arrest, and Stationhouse Detention

    206991 Stop and Frisk, Arrest, and Stationhouse Detention Based on the scenario below, provide help discussing the level of proof needed for the officers to stop and frisk the five youths, arrest the youths, and the varying elements used to justify fingerprinting

  • Law of Tort

    Thus in our case this is the detention for security checking and not an arrest. Thus this cannot be said as dignitary tort.

View More Related Solutions