What distinguishes an arrest from a detention?

An arrest is characterized as a formal action taken by law enforcement, which typically involves taking a person into custody based on reasonable suspicion or probable cause that they have committed a crime. This process is often documented and may require specific procedures, such as informing the individual of their rights. The formality of an arrest establishes a legal basis for restricting a person's freedom and initiates the criminal justice process.

In contrast, detention is generally viewed as a temporary measure that allows officers to hold individuals for a short period, often for investigative purposes. During detention, a person may not be formally charged with a crime, and the circumstances surrounding the detention can vary widely. Detention does not always imply the same legal ramifications or procedural steps as an arrest.

The distinction between these two concepts is crucial within the legal framework, as it affects an individual's rights and the subsequent steps law enforcement may take. Understanding this differentiation aids in grasping the broader context of police powers and individual liberties under the law.