What are the legal requirements for keeping someone in custody?
This answer is based on US law and what I’ve seen over the last 10+ years. It’s my understanding that a law enforcement officer must have probable cause to believe that an individual has committed a crime or otherwise poses a threat to public safety in order to lawfully detain them. The officer must then have the individual brought before a court or magistrate where a judge may issue an order to remand the individual into custody. In addition to the legal requirement of probable cause, the detention must also meet constitutional standards laid out in the Fourth Amendment, which prohibits unreasonable searches and seizures.
In order for an individual to remain in custody, the court must also determine that their detention is necessary to protect the public from potential harm or to ensure their appearance at trial. This determination is typically made during a hearing where the court will consider factors such as the seriousness of the alleged crime, the likelihood of the individual not appearing for trial, and any other relevant evidence. If the court finds that detention is necessary, the individual must then be held in a secure facility that meets state and federal regulations for the care and safety of detainees.
In order to keep someone in custody, all the legal requirements must be met, including the establishment of probable cause, a determination that detention is necessary, and compliance with applicable state and federal regulations. It is important to note that these requirements are in place to protect individuals’ rights and to ensure that their detention is only used as a last resort. An officer can also keep someone in custody for 72 hours without charges being filed if there is a reasonable belief that the person is custody is dangerous or will commit a crime.
If you need help from a lawyer in Utah, consider this one:
Jeremy Eveland
17 North State Street
Lindon UT 84042
(801) 613-1472
Comments
Post a Comment