Define: Detentio

Detentio
Detentio
Quick Summary of Detentio

The word “Detentio” has two meanings. In Roman law, it refers to possessio naturalis, a type of possession. In history, it signifies being held or kept somewhere, distinct from being captured or taken.

Full Definition Of Detentio

Detentio, a Latin term, has two distinct meanings. In Roman law, it denotes the natural possession of property. In historical context, it signifies being held or detained, without necessarily being captured. For instance, if an individual is confined in a prison cell, it is considered captio. However, if someone is held in a room and restricted from leaving, it is referred to as detentio. Another example is when a person is stopped by the police for questioning, without being arrested. This too falls under the category of detentio. The provided examples demonstrate that detentio represents a form of detention or holding, but it does not always equate to being captured or arrested. It can be employed to describe situations where someone is being held against their will, without necessarily involving criminal implications.

Detentio FAQ'S

Detention refers to the act of temporarily holding someone in custody, typically by law enforcement authorities, for various reasons such as investigation, questioning, or pending charges.

Yes, law enforcement can detain someone without a warrant if they have reasonable suspicion that the person is involved in criminal activity. However, the detention should be brief and limited to the time necessary to confirm or dispel the suspicion.

The duration of detention without charges varies depending on the jurisdiction and the circumstances. In some cases, authorities may be allowed to detain someone for up to 48-72 hours before filing charges. However, prolonged detention without charges may violate a person’s rights and could be subject to legal challenge.

While you have the right to remain silent, law enforcement may detain you for a reasonable amount of time if they have reasonable suspicion that you are involved in criminal activity. However, you are not obligated to answer any questions during the detention.

No, detention is typically reserved for criminal matters. Unpaid debts or civil disputes generally do not warrant detention by law enforcement authorities.

In most cases, a traffic violation alone does not justify detention. However, if law enforcement officers have reasonable suspicion of additional criminal activity or if there is an outstanding warrant, they may detain you.

Airport security personnel have the authority to detain individuals if they have reasonable suspicion of a threat to aviation security. However, the detention should be limited to the time necessary to investigate the suspicion.

Yes, immigration authorities have the power to detain individuals suspected of violating immigration laws. However, the detention should comply with the applicable immigration laws and regulations.

In most cases, law enforcement authorities are required to inform you of the reason for your detention. However, there may be exceptional circumstances, such as national security concerns, where the reason for detention may be withheld temporarily.

If you believe you have been wrongfully detained, you may have grounds to file a lawsuit against the responsible authorities. It is advisable to consult with an attorney who specializes in civil rights or wrongful detention cases to assess the viability of your claim.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 16th April 2024.

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