The legal definition of detain is to “restrain a person’s freedom to move without further legal process,” typically meaning to deprive them of their liberty without arrest or formal charges. Everyday examples of detainment include situations such as being held and questioned by police at a traffic stop or being stopped for suspicion of shoplifting in a store.
More serious examples of detainment could include instances of illegal immigration where an individual may be restricted from leaving the country or an instance of civil detention, whereby an individual is held in custody with the purpose of causing them harm, like a mental health patient being held against their will.
What Rights Are Associated With Detainment?
The most notable right associated with detainment is the right to be informed of the grounds of detainment. A detained individual is legally entitled to know why their freedoms have been restrained and under what authority. For instance, an officer conducting a traffic stop would need to provide a valid explanation for halting a vehicle.
In the case of immigration detainment, there will typically be a hearing in which the detained has a right to explain their circumstance to a hearing officer. The detained is also entitled to an attorney at the hearing and has the right to appeal any decisions made.
Finally, detainment that is considered unlawful or that results from unlawful arrest may grant the detained the right to compensation. This applies when detainment was not necessary or reasonable and was conducted without good cause.
Conclusion
The definition of detain today is the act of restraining a person’s freedom to move without further legal process. Detainment can occur in various instances, ranging from traffic stops to immigration detainment. In all cases, the detained has certain rights, such as the right to be informed of the grounds of detainment, having a hearing and appeals process, and, in some cases, the right to compensation.