> For the complete documentation index, see [llms.txt](https://www.blainecountysheriffoffice.org/llms.txt). Markdown versions of documentation pages are available by appending `.md` to page URLs; this page is available as [Markdown](https://www.blainecountysheriffoffice.org/sop/section-5-department-procedure/5.13-detainment-and-arrest.md).

# 5.13 - Detainment and Arrest

When a person is detained, they shall be informed by the Deputy that they are being detained. Should that person ask at any time if they are being detained, the Deputy shall inform them that they are being detained and for what reason. Unless the reason would provoke a risk to Deputy or others.

Members of the public shall only be detained when one or more of the following conditions are met:

* The Deputy has a reasonable suspicion that said person has or is about to commit a crime.
* The Deputy has probable cause to show that said person has committed, is about to commit or intends to commit a crime.
* The suspect has agreed to be detained as requested by the Deputy. Should a member of the public who has agreed to be detained as requested by an Deputy no longer wish to be detained, that person shall be released from detainment at the soonest reasonable opportunity the Deputy may have to release them from detainment unless said Trooper has developed a reasonable suspicion or probable cause to keep them detained.
* A Deputy may only place a suspect under arrest if the Deputy has probable cause to show that the suspect has committed, is about to commit, or intends to commit a crime and thus breach a state or federal law or ordinance. Once a suspect is placed under arrest, the Deputy shall transport them (or organize transport for them) to a holding or processing facility at the earliest reasonable time. An Deputy may keep them on scene for questioning, however once questioning has ceased, they shall make efforts to transport them in an expedient manner.

After a suspect is placed under arrest, and before that suspect is questioned, they must be read their Miranda rights. The Miranda warning shall be read to them verbatim, as so:

**“You have the right to remain silent, anything you do say can and will be used against you in a court of law. You have the right to consult an attorney before questioning, and for that attorney to be present at all times during questioning. If you cannot afford an attorney, one will be appointed to you by the State of San Andreas, without charge if you so desire.”** 

Once the Miranda warning has been read to a suspect, an affirmative understanding and waiving of these rights shall be sought. **“Do you understand these rights as I have read them to you?”**

“Knowing your rights, do you wish to speak to me now?” Individuals may invoke their rights at any time with verbal confirmation. Their reinitiating of direct contact pertaining to the crime waives this invoke.

<figure><img src="/files/ehQt7MwOqKtOHsASEa1k" alt=""><figcaption><p>Miranda Card</p></figcaption></figure>


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