Jonah Patel
Unlawful detainment, also known as false arrest, occurs when a law enforcement officer restricts an individual’s freedom to leave without legal justification, such as reasonable suspicion or probable cause. In California, police need a reasonable suspicion to stop or detain someone, and this suspicion must be based on factual evidence or suspicion of criminal activity. If an officer detains someone without reasonable suspicion or arrests them without probable cause, it can be considered an unlawful detainment, and the individual may have grounds to file a complaint, seek the exclusion of evidence, or pursue a civil rights lawsuit.
| Characteristics | Values |
|---|---|
| Police must have a reason to arrest or detain | Probable cause, based on factual evidence or suspicion of criminal activity |
| Police can ask for ID | You have the right to remain silent |
| Consent to a search | You do not have to consent to a search without a warrant |
| Detention length | Reasonable in scope and duration, long enough to determine whether a crime has occurred |
| Detention extension | If extended beyond initial purpose without probable cause, it may be unlawful |
| Unlawful detention | Violation of Fourth Amendment rights, unreasonable searches and seizures |
| Miranda rights | Must be read before an interrogation if in custody |
| False imprisonment | If an officer arrests without probable cause, it is false imprisonment |
| Police behaviour | Nervous or evasive behaviour in a high-crime area may provide reasonable suspicion |
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![California Penal Code Part II - [2025 Edition]](https://m.media-amazon.com/images/I/51qDQB-zjPL._AC_UY218_.jpg)
What You'll Learn
Police must have a reason to arrest or detain
In California, it is essential to know your rights to protect yourself from unlawful arrests or detentions. The police must have a reason to arrest or detain you, and this reason is known as probable cause. It should be based on factual evidence or a reasonable suspicion of criminal activity, and it must be more than just a hunch.
A police detention occurs when an officer temporarily restricts your freedom to leave. This is different from an arrest, which happens when an officer places you in custody. For example, if an officer suspects that an individual is about to commit a crime, they may perform a temporary investigative detention, but only if they can articulate specific facts that provide an objective reason for their suspicion. This suspicion can be based on actions, witness statements, or information from an investigation.
If you are stopped by the police, it is important to remain calm and remember that you have the right to ask if you are being detained or if you are free to go. If you are not being detained, you can walk away. However, if you are being detained, you have the right to remain silent and the right to an attorney. It is crucial not to physically resist arrest, as this can lead to further legal trouble.
The length of a lawful detention is typically determined by the reason for the detention and whether it is reasonable in scope and duration. Detentions can only last as long as it takes to determine whether a crime has been committed or to complete a legal search. If a detention extends beyond its initial purpose without probable cause, it may be considered unlawful, and victims may have grounds for legal action.
In California, an arrest supported by probable cause may be lawful under the Fourth Amendment but illegal under state law, which limits an officer's discretion in making a custodial arrest and booking an individual into jail. For example, officers generally may not make a custodial arrest for minor infractions unless the individual fails to provide identification or refuses to sign a written promise to appear in court.
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You have the right to remain silent
In California, police officers are required to have a reasonable suspicion to stop or detain an individual. This suspicion must be based on factual evidence or suspicion of criminal activity, such as your actions, witness statements, or information from an investigation.
If you are stopped by a police officer, it is important to remain calm and respectful. You have the right to ask if you are being detained or if you are free to go. If you are not being detained, you can calmly walk away. However, if you are being detained, it is crucial to understand that you have the right to remain silent. You can simply state, "I wish to remain silent," and then refrain from speaking, except to provide your name and identification if requested.
During a stop or detention, police officers can ask for your ID, but you are not required to consent to any searches without a warrant. The only exceptions to this are specific situations, such as if you are arrested. Remember that consenting to a search can significantly impact any legal proceedings that may follow.
If you believe your rights are being violated, it is important to remain calm and not physically resist. Instead, try to remember the officer's badge number and name for future reference. If you are arrested, ask for an attorney immediately and refrain from speaking until they arrive.
Understanding your rights is crucial to protect yourself from unlawful detainment and ensure that your rights are upheld. By knowing and exercising your rights, you can help uphold the principles of fairness and justice for everyone involved.
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The right to an attorney
If you are arrested in California, you have the right to an attorney. This is a powerful statement that protects your rights. Ask for an attorney immediately and do not talk until they arrive. If you are unsure whether you are being detained, ask the officers, "Am I free to go?" If they say no, you are officially detained.
If you believe your arrest was unlawful, a criminal defense attorney can evaluate the circumstances of your arrest, determine whether your rights were violated, and take the necessary legal action to challenge the arrest. An unlawful arrest occurs when police detain suspects without warrants or reasonable cause. According to the Fourth Amendment of the United States Constitution, police should have reasonable cause before arresting someone. Probable cause is a key principle in ensuring that arrests are made based on reasonable grounds, thus protecting individuals from arbitrary or unjustified detainment.
If you believe your arrest was unlawful, your attorney can file a motion to suppress any evidence obtained as a result of the arrest. This motion, often referred to as a Penal Code Section 1538.5 motion, argues that the evidence should be excluded because it was gathered through an unlawful arrest or search. If the court agrees that the arrest was unlawful, the charges against you may be dismissed. In cases of particularly egregious misconduct, such as the use of excessive force or violation of constitutional rights, you may also have the option to file a civil rights lawsuit against the law enforcement agency involved.
It is important to note that you should never resist an arrest physically, as it can lead to more trouble. Instead, remember the officer's badge number and name, and write down everything you remember as soon as possible after the incident. Reach out to an attorney for assistance as soon as possible to preserve your rights.
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Temporary investigative detention
In California, a law enforcement officer can perform a temporary investigative detention of an individual only when the officer can articulate specific facts that, when considered in light of the circumstances, provide an objective reason to believe the individual is engaged, or about to engage, in criminal activity.
A police detention happens when an officer temporarily takes away your freedom to leave. It is different from an arrest, which happens when an officer places you in custody. Detentions are less intrusive than arrests. Not all encounters with the police are considered detentions.
For example, a law enforcement officer sees three people who look like they are planning to rob a store. The officer approaches them and asks for their names. They refuse to respond, and the officer detains them by stopping and frisking them. The officer must have a reasonable suspicion to stop or detain someone. This means they must have a factual basis to believe the person is involved in criminal activity. It should be more than a hunch and can be based on actions, witness statements, or information from an investigation.
The length of the detention must be reasonable given the context and purpose. Detentions can only last as long as it takes to determine whether the individual has committed a crime. Continuing to detain someone without evidence of a crime can be unlawful.
In the case of People v. Flores (Cal., May 2, 2024, No. S267522), Mr. Flores was detained because he attempted to conceal himself and was in an area known for narcotics trade. Officers searched his car and found suspected methamphetamine and a revolver. Mr. Flores filed a motion to suppress, but the trial court denied the motion, reasoning that Mr. Flores' behaviour was suspicious. Mr. Flores appealed to the California Supreme Court, which remanded the case back to the trial court with instructions to grant the defendant's motion to suppress.
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Prolonged detention without probable cause
In California, police need a reasonable suspicion to stop or detain someone. This means they must have a factual basis to believe the person is involved in criminal activity—it must be more than just a hunch.
An encounter with the police is typically legal when they have a reasonable suspicion that a crime has happened, is happening, or is about to happen. However, an illegal detention occurs when an officer stops someone without reasonable suspicion or continues to hold them without probable cause to arrest. Probable cause means the police have some evidence linking the person to a crime.
The Fourth Amendment of the U.S. Constitution prohibits officers from conducting unreasonable searches or seizures. A police detention is a seizure of your person, and if it is deemed unreasonable, it violates your Fourth Amendment rights and is therefore unlawful. The length of a detention must be reasonable given the context, and it must be determined by the reason for the detention. Detentions can only last as long as it takes to determine whether the person has committed a crime.
If you believe you are being unlawfully detained, it is important to stay calm and collected. You have the right to ask if you are being detained or if you are free to go. If you are not being detained, you can calmly walk away. However, if you are being detained, you have the right to remain silent and the right to an attorney. It is important to remember never to physically resist an arrest as it can lead to more trouble.
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Frequently asked questions
Unlawful detainment, also known as false arrest or unlawful detention, is a violation of the Fourth Amendment to the U.S. Constitution. It occurs when a law enforcement officer restricts an individual’s freedom to leave without legal justification, such as reasonable suspicion or probable cause.
Reasonable suspicion is based on factual evidence or suspicion of criminal activity. It could be based on your actions, something reported by a witness, or information from an investigation. Nervous or evasive behaviour in an area known for criminal activity may also provide reasonable suspicion.
Probable cause is having a reason to arrest or detain someone. This should be based on factual evidence or suspicion of criminal activity, and must go beyond a mere hunch.
The length of a lawful detention must be reasonable in scope and duration. A detention can only last as long as it takes to determine whether a crime has been committed.
If you believe you are being unlawfully detained, you can ask the officer if you are free to go. If they say no, you can state that you believe the detention is unlawful. You have the right to remain silent and the right to an attorney.
