What are the legal requirements for keeping someone in custody?
What are the legal requirements for keeping someone in custody? Tim Cella used to work at several law firms 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 he...