Your Rights If You Are Being Detained
Before understanding your individual rights when detained by the police it is important to understand what being detained means. Being detained by the police does not necessarily mean you are being arrested, although arrest can follow detainment. Reasons for detainment include questioning; also a police officer may wish to question an individual without detaining them. When an individual is being detained for questioning by the police they have certain undeniable Constitutional rights. Rights when being detained include:
Right to know why you are being detained
Right to inform individuals of your detainment
Right to Record of Interview
Right to attorney and counsel
Right to know why you are being detained in Housgon
Being detained by the police is not the same as being arrested. When being arrested the police must read the individual her/his Miranda rights and state what crime they are under arrest for. When being detained the topic of question will be described, whether at the location in which the detainment was made or in the police station after detainment, in order for the individual to make a decision whether they will answer the questions or seek legal counsel first.
Right to inform individuals of your detainment
After you have been detained it is your right to be able to contact your family members, or have the police contact your family members, in order to inform them of your detainment. This is done in order to ensure family members do not have to worry about the location of the detained.
Right to Record of Interview
The Record of Interview is a document that is compiled of all the answers an individual gave to police questions during the time of detainment. When detained by the police it is not mandatory to cooperate and answer all questions. However, if after legal counsel or immediately after being detained, an individual wishes to answer questions they will be documented in the Record of Interview. It is your right to ask for a copy of the Record of Interview.
Right to Attorney and Counsel
Immediately after being detained every individual has the right to an attorney. If, for whatever reason, an individual does not possess the means to hire an attorney, and attorney will be granted to them. After the attorney is contacted the individual has the right to counsel with the attorney. Right to counsel means that the lawyer and the individual detained can meet privately in order to discuss the strategy they will take concerning question and answering and the legal process.
