How Long Can Police Detain You for Questioning in California?

If you’ve ever been stopped by the police and questioned, you know how stressful it can be. You might wonder, “How long can they keep me here? What are my rights?” At The Nieves Law Firm, we’re here to empower you with the knowledge you need to protect yourself during police encounters.

What Does It Mean to Be Detained by Police?

When you’ve been detained, it means an officer temporarily stops you for questioning based on reasonable suspicion that you might be involved in criminal activity (Terry v. Ohio, 392 U.S. 1 (1968)). An arrest, on the other hand, happens when police take you into custody based on probable cause to believe you committed a crime.

During detention, which often takes the form of a traffic stop, the officer may ask for your identification and a brief explanation of your actions. However, this doesn’t mean you’re under arrest or required to answer probing questions.

Factors Impacting How Long Police Can Detain You

The length of police detention depends on the circumstances. Factors that may impact the duration include:

• The strength of the officer’s reasonable suspicion that a crime occurred
• Whether the officer uncovers probable cause to escalate the detention to an arrest
• The severity of the alleged offense (felony vs. misdemeanor)

Generally, detention should last no longer than necessary for the officer to confirm or dispel their suspicions. Once the reason for the stop is addressed, you should be free to go unless arrested.

What Are Your Rights When Detained for Police Questioning?

When detained, remember that you have the right to remain silent and the right to an attorney under the Fifth Amendment.

You’re not obligated to answer questions beyond providing basic identifying information.

It’s also important to understand the difference between a detention and a consensual encounter. If you’re free to leave at any time, then it’s a consensual encounter, not a detention. You’re never required to talk to the police if you’re not being detained.

If you’re unsure about your status, you can ask the officer, “Am I free to go?” If the answer is yes, walk away. If the answer is no, you’re being detained.

How to Protect Your Rights During Police Questioning

To safeguard your rights during police questioning, keep these tips in mind:

• Remain calm. Don’t argue or resist, as this could escalate the situation.
• Decline to answer questions beyond providing your name and basic identifying information.
• If you’re not free to leave, state that you’re invoking your right to remain silent and your right to an attorney.
• Do not consent to searches of your person, vehicle, or property. Officers may try to rely on your consent to conduct a search without probable cause.

Remember, if you’re ever unsure about your rights in the moment, it’s always best to decline to answer questions until you can consult with a lawyer.

How Long Can You Be Held Without Charges in California?

If you’re arrested in California, the police can only hold you for 48 hours before they must release you or file formal charges (Cal. Penal Code § 825). This “48-hour rule” means that within two days, you must either be charged with a crime or let go.

However, there are a few exceptions that may allow the police to hold you for more than 48 hours, such as if you’re arrested on a warrant from another county or if a judge grants a special extension.

Are You Facing Criminal Charges in California?

If you find yourself facing criminal charges following a police detention, remember that you have the right to a strong legal defense. At The Nieves Law Firm, we’re dedicated to protecting the rights of individuals accused of crimes in California.

Our attorneys will analyze the facts of your case, including the details of your police encounter, to develop a defense strategy aimed at achieving the best possible result. Contact us today to schedule a private consultation with a member of our team.