Legal Question in Civil Rights Law in Virginia

is detainment in police car illegal without arrest?

My friend was detained in a police car and not processed. His arrest followed several hours later. is this legal? If he he felt detained and wanted to leave, isnt it required that he be arrested in order to remain in custody?


Asked on 2/10/05, 3:58 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: is detainment in police car illegal without arrest?

Nothing illegal about this, especially since they eventually did arrest. Beyond 48 hours is where illegality kicks in.

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Answered on 2/10/05, 4:10 pm
Thomas Dunlap Dunlap, Grubb & Weaver, PLLC

Re: is detainment in police car illegal without arrest?

Without more information, it is difficult to advise you if your friend's civil rights were violated. However, simple detention without arrest is not absolutely a violation of his rights. The larger issue is his pending criminal arrest. He should consult whatever attorney is representing him as there may have been proceedural violations in his arrest that may work in his favor.

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Answered on 2/10/05, 4:14 pm


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