How Long Can Police Detain You in California?
In California, the police have certain limits on how long they can detain a person before releasing them or making an arrest. This article will explore the rules and guidelines that govern police detentions in California.
Initial Detention
When a police officer has reasonable suspicion to believe that a person has committed a crime, they can make an initial detention, also known as a "stop and frisk." During this detention, the officer can ask questions, conduct a pat-down search, and search the person’s immediate surroundings.
Time Limit for Initial Detention
The police can detain a person for a reasonable period to complete the stop and frisk. This period is usually 15-20 minutes. If the officer does not have enough evidence to make an arrest, they must either release the person or get a supervisor’s approval to continue the detention.
Arrest
If the police officer believes that the person has committed a crime, they can make an arrest. During an arrest, the officer can search the person, their property, and the surrounding area.
Time Limit for Arrest
There is no specific time limit for an arrest in California. However, the officer must obtain a warrant within a reasonable time or release the person. If the officer obtains a warrant, they can continue to detain the person until the warrant is executed.
Investigatory Detention
An investigatory detention, also known as a " Terry stop," is when the police detain a person to investigate a crime without making an arrest. During this detention, the officer can ask questions, search the person’s property, and search the surrounding area.
Time Limit for Investigatory Detention
The police can detain a person for up to 30 minutes to complete the investigation. If the officer does not find enough evidence to make an arrest, they must release the person.
Exceptions to Time Limits
There are certain situations where the police can detain a person beyond the time limits:
- Emergency situations: If there is a threat to public safety or the officer is responding to an emergency, they can detain a person for as long as necessary.
- Investigating a serious crime: If the officer is investigating a serious crime, such as a homicide or assault, they can detain a person for a longer period.
- Obtaining a warrant: If the officer needs to obtain a warrant to make an arrest, they can detain a person until the warrant is executed.
Challenges to Detention
If a person believes that they have been detained for too long, they can challenge the detention in court. They can argue that the police did not have reasonable suspicion or probable cause to make the detention, or that the detention exceeded the legal time limits.
| Table: Summary of Detention Time Limits | Type of Detention | Time Limit |
|---|---|---|
| Initial Detention | 15-20 minutes | |
| Arrest | No specific time limit | |
| Investigatory Detention | 30 minutes | |
| Exceptions | Varying lengths |
Conclusion
In California, the police have certain limits on how long they can detain a person before releasing them or making an arrest. The initial detention, arrest, and investigatory detention all have specific time limits, although there are exceptions to these limits. If a person believes that they have been detained for too long, they can challenge the detention in court.
