In one case, officers handcuffed a suspect and placed him in the back of a squad car while they searched a house he had just visited. The appeals court held that their actions didn't turn the detention into an arrest because they needed to avoid an escape attempt and to take precautions against potential violence.
The court also found that it made sense to take the suspect back to the house because they knew that the search they were about to begin could implicate him. United States v. Bullock , F. Two plain-clothes detectives at Miami International Airport notice Brandon. His clothes, luggage, and behavior cause them to suspect that he's a drug courier. The detectives approach him and identify themselves, and Brandon agrees to speak with them. The detectives determine that Brandon is flying under an assumed name and notice that he is becoming increasingly nervous.
They then inform him that they are actually narcotics investigators and that they suspect him of transporting drugs. The detectives, with Brandon's airline ticket and driver's license in hand, ask their suspect to accompany them to a room 40 feet away. Brandon says nothing but goes with the officers.
The detectives, without permission, take Brandon's luggage and bring it to the small interrogation room, where they ask whether he'll consent to a search. Brandon acquiesces, and the officers find cocaine in each suitcase. Approximately 15 minutes had elapsed from the time the detectives first approached Brandon until they found the drugs. Under these circumstances, the officers' removing Brandon from the public area and putting him in the investigation room constituted an arrest.
At that point, the facts supported reasonable suspicion to justify a temporary detention, but not probable cause for an arrest. And since there wasn't probable cause for the arrest, Brandon's consent to the search was invalid, in turn meaning that the cocaine evidence is inadmissible.
The detectives could have lawfully continued the initial encounter with Brandon by questioning him on the spot. Even if it wasn't a consensual encounter at that point, and it was a detention, the officers were justified because they had reasonable suspicion.
But, by taking his ticket, driver's license, and luggage, and transferring him to another, isolated area in order to gain his consent to a search of the luggage, the detectives arrested him. If a detained or imprisoned person is a juvenile or is incapable of understanding his entitlement, the competent authority shall on its own initiative undertake the notification referred to in the present principle. Special attention shall be given to notifying parents or guardians.
Any notification referred to in the present principle shall be made or permitted to be made without delay. The competent authority may however delay a notification for a reasonable period where exceptional needs of the investigation so require. A detained person shall be entitled to have the assistance of a legal counsel. He shall be informed of his right by the competent authority promptly after arrest and shall be provided with reasonable facilities for exercising it.
If a detained person does not have a legal counsel of his own choice, he shall be entitled to have a legal counsel assigned to him by a judicial or other authority in all cases where the interests of justice so require and without payment by him if he does not have sufficient means to pay.
A detained or imprisoned person shall be entitled to communicate and consult with his legal counsel. A detained or imprisoned person shall be allowed adequate time and facilities for consultation with his legal counsel.
The right of a detained or imprisoned person to be visited by and to consult and communicate, without delay or censorship and in full confidentiality, with his legal counsel may not be suspended or restricted save in exceptional circumstances, to be specified by law or lawful regulations, when it is considered indispensable by a judicial or other authority in order to maintain security and good order.
Interviews between a detained or imprisoned person and his legal counsel may be within sight, but not within the hearing, of a law enforcement official. Communications between a detained or imprisoned person and his legal counsel mentioned in the present principle shall be inadmissible as evidence against the detained or imprisoned person unless they are connected with a continuing or contemplated crime.
A detained or imprisoned person shall have the right to be visited by and to correspond with, in particular, members of his family and shall be given adequate opportunity to communicate with the outside world, subject to reasonable conditions and restrictions as specified by law or lawful regulations.
If a detained or imprisoned person so requests, he shall if possible be kept in a place of detention or imprisonment reasonably near his usual place of residence.
It shall be prohibited to take undue advantage of the situation of a detained or imprisoned person for the purpose of compelling him to confess, to incriminate himself otherwise or to testify against any other person.
No detained person while being interrogated shall be subject to violence, threats or methods of interrogation which impair his capacity of decision or his judgement.
No detained or imprisoned person shall, even with his consent, be subjected to any medical or scientific experimentation which may be detrimental to his health. The duration of any interrogation of a detained or imprisoned person and of the intervals between interrogations as well as the identity of the officials who conducted the interrogations and other persons present shall be recorded and certified in such form as may be prescribed by law. A detained or imprisoned person, or his counsel when provided by law, shall have access to the information described in paragraph 1 of the present principle.
A proper medical examination shall be offered to a detained or imprisoned person as promptly as possible after his admission to the place of detention or imprisonment, and thereafter medical care and treatment shall be provided whenever necessary. This care and treatment shall be provided free of charge. A detained or imprisoned person or his counsel shall, subject only to reasonable conditions to ensure security and good order in the place of detention or imprisonment, have the right to request or petition a judicial or other authority for a second medical examination or opinion.
The fact that a detained or imprisoned person underwent a medical examination, the name of the physician and the results of such an examination shall be duly recorded. Access to such records shall be ensured. Modalities therefore shall be in accordance with relevant rules of domestic law. Non-compliance with these principles in obtaining evidence shall be taken into account in determining the admissibility of such evidence against a detained or imprisoned person.
A detained or imprisoned person shall have the right to obtain within the limits of available resources, if from public sources, reasonable quantities of educational, cultural and informational material, subject to reasonable conditions to ensure security and good order in the place of detention or imprisonment. In order to supervise the strict observance of relevant laws and regulations, places of detention shall be visited regularly by qualified and experienced persons appointed by, and responsible to, a competent authority distinct from the authority directly in charge of the administration of the place of detention or imprisonment.
A detained or imprisoned person shall have the right to communicate freely and in full confidentiality with the persons who visit the places of detention or imprisonment in accordance with paragraph 1 of the present principle, subject to reasonable conditions to ensure security and good order in such places. The types of conduct of the detained or imprisoned person that constitute disciplinary offences during detention or imprisonment, the description and duration of disciplinary punishment that may be inflicted and the authorities competent to impose such punishment shall be specified by law or lawful regulations and duly published.
A detained or imprisoned person shall have the right to be heard before disciplinary action is taken. He shall have the right to bring such action to higher authorities for review. The appropriate authorities shall endeavour to ensure, according to domestic law, assistance when needed to dependent and, in particular, minor members of the families of detained or imprisoned persons and shall devote a particular measure of care to the appropriate custody of children left with out supervision.
People detained or arrested have the right to know the reasons for the detention or arrest right away. The police must explain the reasons in clear and simple language. This information helps people detained or arrested know how serious the situation is. They can then make an informed decision about their other rights. For example, they can decide to speak to a lawyer and can remain silent when questioned by the police.
The right to speak to a lawyer is a fundamental right. It allows people detained or arrested to discuss their rights and responsibilities with a lawyer. For example, they can find out what to expect after the arrest and get advice about whether to remain silent when questioned by police.
People detained or arrested have the right to choose their lawyers. However, if the lawyer chosen is not available within a reasonable time, the police must let them talk to another lawyer. If they refuse to talk to another lawyer when their original choice is not available, the police can continue their questioning. People detained or arrested have the right to consult a lawyer only once. The fee for the assisting counsel shall be paid by the city or municipality where the custodial investigation is conducted, provided that if the municipality of city cannot pay such fee, the province comprising such municipality or city shall pay the fee: Provided , That the Municipal of City Treasurer must certify that no funds are available to pay the fees of assisting counsel before the province pays said fees.
In the absence of any lawyer, no custodial investigation shall be conducted and the suspected person can only be detained by the investigating officer in accordance with the provisions of Article of the Revised Penal Code.
Penalty Clause. The penalty of perpetual absolute disqualification shall also be imposed upon the investigating officer who has been previously convicted of a similar offense.
The same penalties shall be imposed upon a officer or employee or anyone acting upon orders of such investigating officer or in his place, who fails to provide a competent and independent counsel to a person arrested, detained or under custodial investigation for the commission of an offense if the latter cannot afford the services of his own counsel.
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