Legal Question in Criminal Law in New Mexico
Detainment
How long can someone be detained by the police for questioning? If they are not charged with anything is there a time limit for holding someone in jail?
Asked on 12/17/03, 9:54 pm
1 Answer from Attorneys
Charles Aspinwall
Charles S. Aspinwall, J.D., LLC
Re: Detainment
Law enforcement may not hold anyone for questioning unless the person being held agrees. One must be either under arrest, the subject of an immediate investigation [such as for DWI], or subject to an ancillary Court Order in New Mexico in order to be detained. If none applies, the person is legallly free to go.
Answered on 12/18/03, 3:39 am
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