detention

Can the police look at my cell phone if I am detained or arrested?

The Fourth Amendment to the U.S. Constitution protects you from unreasonable government searches and seizures, including your electronic and smart devices. Whether you’re being held under detainment or arrest, you still have protective rights. To start, before speaking to any law enforcement official, you can state you do not wish to answer any questions without your attorney present. In many

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I hear police say they are detaining a suspect while putting them in handcuffs. What is the difference between detention and arrest?

It’s important to understand the differences between detention and an arrest because your rights change drastically from one to the other. Anyone can be detained. The police only need reasonable suspicion to stop an individual. It is required by law that when an officer stops someone, the officer has either a search warrant, probable cause to search, or reasonable suspicion.

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