Station house detention places are those that hold specific suspects in police stations so that they may be questioned and interviewed through an investigation of crimes that these persons may be involved in or have participated in with others.
These locations have also been known as the term detention of a suspect. Various states have these places to ensure the suspected perpetrator of very particular violations may be spoken to without external interference. When being interviewed in this manner, the alleged perpetrator may be subjected to multiple interviewers with long hours of questioning. The conclusion of these procedures may come about from the intervention of legal representation when charges have been issued or when the answers that are sought have been revealed.
Detention may have multiple meanings, but the most direct are when police have taken the freedom and liberty from someone where he or she may not move about or leave whenever he or she chooses to do so. The Fourth Amendment describes this action as a seizure, but no arrest has been completed as of yet when law enforcement employs this method. When using the term detention of a suspect, this usually means there is a holding of a suspect at the police station or other agency. Typically, only specific crimes warrant this action by law enforcement officers. Very particular questions are asked often repetitively until answers have been provided.
The Legality of Stationhouse Detention
Before any action may be taken against someone, there must be probable cause that is ascertained by law enforcement officers. This means no arrest or detainment may occur without this restriction, and the person cannot be brought for fingerprinting or interrogation until this condition has been met. However, an individual may be detained for the entirety of before and during a trial as long as the prosecutor has requested that no bail possibilities are given and there is sufficient reasoning for this, which the court has ordered. This could include the person being a flight risk with the potential of leaving the state or country. The accused individual may also pose some sort of threat to society in some manner.
An arrest is accomplished in most instances, and then a judge determines if probable cause was part of the event. This is especially important if the arrest was completed with the lack of a warrant. Most situations have a confirmed occurrence of probable cause within 48 hours of the initial arrest. When all these criteria are met, the legality of using a station house detention procedure is considered appropriate. If the concept of probable cause is not intact in these situations, the legality of the entire issue is put into question. This may lead to further action by defending lawyers or the accused and arrested individual.
Rights of the Detainees in a Station House
Because the right to a lawyer is a Sixth Amendment entitlement, one may be provided or permitted to be contacted. However, this may only occur after charges have been filed. Unfortunately, this process of detaining a person in a station house may be utilized without processing or filing charges against someone. This means the person suspected of committing the crime or crimes has no right to legal representation until he or she faces charges for violations of the law. A person may be detained for extensive periods of time without the use of someone to assist him or her in these instances.
Another right provided to the defending party is the protection of the Fifth Amendment which allows a person to seek counsel when interrogation occurs. Questioning may not continue with the suspect per the Miranda Law stipulation when a person invokes the right to have a lawyer present for questioning and interrogation. When this occurs, law enforcement must end all inquiries into the crime until a legal representative arrives, or the interview must be dismissed completely. However, one specific stipulation about the Fifth Amendment is that all questions about the related crime are protected in this matter, but police may inquire about other crimes.
Incrimination
Suspected perpetrators of crimes have the right to avoid incriminating themselves through the Fifth Amendment protections. This means the person may stay silent throughout the process. He or she may also only provide information that has no bearing on the violation or that cannot lead to incrimination in any form. This also means that giving a confession of any type must be voluntarily provided and with all free will by this suspected individual in order to be legally valid. However, a lawyer should be consulted before a confession has been delivered.
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