Originally Posted by
bocastephen
I have to be charged with something to be arrested - I can't just be placed under arrest for no reason. I can be detained while the police either determine if they have reason to arrest me, but if not, they must let me go.
So - the question is, how long can I legally be detained without being arrested, after which point I can just say "if I'm not under arrest, I'm leaving - see ya".
There is no set time frame. It is entirely dependent upon the circumstances. You can make that statement anytime you wish. However, the officer will decide if you are free to go or not. You as the detainee will not get to determine if you have been detained long enough. If you feel that you have been detained longer than necessary be sure to bring it up to you lawyer after the fact and a court will decide long after the incident. During the encounter, right or wrong, the officer makes that decision, He or she may have to defend it in court later but at that time the officer controls the detention.
FB