20 Oct What to Do If You Are Detained by the Police in Arizona
Being detained by the police is not the same as getting arrested. It is a legal way for law enforcement to hold a suspect or witnesses in order to gain more information. Most of the time, when someone is detained they are released within 48 hours, however, sometimes a detainment turns into an arrest.
Detained vs. Arrested: How they’re different.
For a detention, the police only need to have a reasonable suspicion. To make an arrest, they need probable cause.
A reasonable suspicion can’t just be a hunch. The officer has to be able to clearly explain why they detained someone. For instance, they might pull over a vehicle that was swerving, because they have a reasonable suspicion that the driver is drunk. However, a suspicion isn’t enough to make an arrest.
Law enforcement needs to have probable cause before they can arrest someone or perform a search. So in the traffic stop example above, if the officer sees the driver toss an empty bottle out the window or spots some drug paraphernalia in the console, that could give them probable cause.
You are not free to leave, but they can’t keep you indefinitely.
There are two types of detention that can be enacted by law enforcement in Maricopa County: temporary detention or investigative detention.
A temporary detention (like a traffic stop) is typically 30 minutes or less. Long enough to check personal information, write a ticket, or take a witness statement.
An investigative detention can technically last up to 48 hours. It is used by law enforcement to confirm or disprove a suspected crime. After that time is up, the suspect will either be released or placed under arrest.
Is there such a thing as unlawful detention?
In Arizona, it is unlawful for the police to detain someone without a valid reason. They are supposed to act based on evidence or statements from a reliable witness. For instance, it is unlawful to detain someone based on racial profiling or because they just “look suspicious.”
That’s because the Fourth Amendment of the Constitution protects American citizens against “unreasonable searches and seizures.” Since detaining someone is a type of seizure, there needs to be a good reason for the detention.
What should you do if you get detained?
Don’t panic. For the most part, detentions are quick and end with you walking away, perhaps with a traffic ticket. Panicking, running, arguing, or acting unpredictably could give police the probable cause they need to make an arrest.
Be careful what you say. Answer only the questions asked of you, and with as few words as possible. Your cooperation shows that you are helping speed along the interaction. Saying as little as possible means you won’t incriminate yourself by accident.
Ask if you are free to go. If so, make sure to ask for a copy of the report and the names and badge numbers of anyone you spoke with. This will help if there are problems down the line.
If you get arrested in Arizona, you need a certified criminal defense attorney.
If you ever get arrested it helps to know who to call. Todd Coolidge has been defending Arizona citizens against criminal charges for over 30 years. He will defend your rights and fight on your side.
If you’re facing criminal charges in Phoenix, Chandler, or Scottsdale, call Coolidge Law today to schedule a consultation.
Photo by PJ Gal-Szabo on Unsplash used with permission under the Creative Commons license for commercial use 10/20/26.
