Detentions & Arrests

Detention involves a brief and limited restraint on an individual’s freedom to allow for questioning or investigation. The person is not free to leave but is not under arrest.

Example: An officer stopping a vehicle for a traffic violation or questioning an individual based on suspicious behavior.

An arrest involves taking a person into custody with a more significant restriction on their freedom, typically using handcuffs and informing the individual that they are under arrest.

Example: When an officer places someone in handcuffs and formally charges them with a crime based on probable cause.

Examples:

Intent:

• Definition: A person acts with intent when they purposefully engage in conduct with the aim of causing a specific result. The individual’s actions are directed towards achieving that result.

Example: A person who plans and executes a bank robbery with the goal of stealing money.

Knowledge:

• Definition: A person acts knowingly if they are aware that their conduct will likely result in a specific outcome. The individual understands that their actions will probably lead to that result.

Example: A person who knowingly possesses illegal drugs with the awareness that possession is illegal and will lead to arrest.

Recklessness:

• Definition: A person acts recklessly if they are aware of a substantial risk that their actions will cause a specific result, and their conduct represents a gross deviation from reasonable behavior.

Example: A person driving at high speeds through a crowded area, aware of the risk of causing an accident, but disregards that risk.

Negligence:

• Definition: A person acts negligently if they should have been aware of a substantial and unjustifiable risk resulting from their actions. Unlike recklessness, negligence involves a failure to recognize the risk.

Example: A person setting a timer on a device without recognizing the risk that it might cause harm if left unattended, thus failing to foresee the potential danger.