How long can you detain someone, without an arrest, pending an investigation of a serious crime?

Suppose a murder has just been committed, and you're afraid the suspect may flee the jurisdiction. But you don't have enough evidence or time for an arrest warrant. How long can you hold them?

Thanks for your time.

Jim

Ain't you the lawyer?

I ain't a lawyer anymore, and never did go near a criminal law issue, after the Bar exam.

And the rules may be different in different states.

Jim

The investigative detention/Terry stop time varies based on the circumstances of the incident and the actions of the person being detained. Every encounter is different. There is no set time.

Thanks, Swamp Wolf. Terry, as a US Supreme Court case, rings a bell.

Could a murder suspect be detained as long as two to three days, without an arrest warrant?

Jim

who'd ya kill?

It's not me......I'm checking on things for someone I know

If I'm not mistaken Terry stop is just that- a stop. You're being detained but not taken into custody.

What typical happens is that the suspect will be arrested on lesser charges in order to remove them from the community while the investigation is ongoing until they have enough evidence that the DA wants to charge.

So someone could be arrested for say illegally crossing the boarder (we all know that is a minor infraction), and held while real crimes are looked into?

Yup. That example is used all the time.

Asking for a friend

Thats what they all say

Until they start asking for bail money......lol

It depends on what state your asking about. Missouri has a 24 hour investigation. Person can be held for 24 hours and at the end of that, either charged or released pending. The state still can come back and charge within a year on a misdemeanor or 3 years on a felony. Not sure how Alaska is set up.

Detain...without an arrest....was the original question....

His second question was

"Could a murder suspect be detained as long as two to three days, without an arrest warrant?"

Not in Missouri,

In Ga, investigative detention length of time (but not arrested) is determined by the circumstances and can vary. Common for up to 20 min or so, but can be longer based on the circumstances such as uncooperative suspect. Detaining for 2 or 3 days, without an arrest and followed by a warrant, is a no-go.

Cant just pick someone up and hold them for days for investigation purposes.


If an arrest is made for a misdemeanor, must go b4 a judge within 48 hours for bail. If felony arrest without warrant, must go b4 judge within 72 hours for bail hearing.

But, can you be arrested and held before actually being charged? Only to be released later without ever being charged.

I believe I read before where that's a common practice in some states to hold people. IE, arrest on suspicion and hold until evidence is found for or against.

in Missouri the answer is yes. The kicker is that a case has to be submitted to the county prosecutor, who has to submit the case to a county judge, who signs a warrant listing the charge and bond requirements. IF the prosecutor feels their isn't a case then he/she doesn't have to file it with the court and if it is submitted then the judge reviews it and can also send it back for what ever reason. All of this has to be done before the the 24 hours are up, there is either a warrant issued or the person walks.

I thought, thanks.

Where is James...

Jail? No cell service in the Klink ?