Legal Question in Constitutional Law in Arkansas

Detained -vs- custody -vs- under arrest

What is the difference, however subtle, between a state of being ''detained'' -vs- ''in custody'' -vs- ''under arrest''

Asked on 4/23/03, 11:01 am

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Detained -vs- custody -vs- under arrest

Examples:

Detained [for questioning/investigation]. Some states allow limited detention for these things. In custody [protective]. Some states permit this for mentally distrubed persons or someone under threat of harm from another. Under arrest [charged with a crime]. One cannot be placed under arrest unless charged with a specific crime.

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Answered on 4/23/03, 11:14 am


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