Maryland Unlawful Detention – Civil Rights Violations
Unlawful Detention in Maryland occurs when a police officer detains you for an unreasonable amount of time without probable cause to do so. A police officer doesn’t need to arrest someone for there to be an unlawful detention case.
This does not mean an officer may not confront an individual. Police officers may at all times confront an individual and ask them questions. This is known as a consensual encounter. An officer may also briefly detain an individual if they have reasonable suspicion supported by clearly articulated facts that a crime may be afoot. This kind of interaction with Police is called a Terry stop. A Terry stop which may become a full blown detention if it lasts for an unreasonable amount of time or if other factors such as handcuffing or detention make the brief detention feel more like a traditional arrest.
Other factors that determine the potential success of an unlawful detention case include:
- the duration of the detention
- whether an individual was incarcerated
- whether excessive force causing injury was used against the individual
- whether the individual was maliciously prosecuted for a crime not supported by probable cause
Remember, we will NEVER charge for an initial consultation. If you feel that you have been a victim of Unlawful Detention or an other civil rights violation by the police or other government agency, its imperative that you Contact Us as soon as possible.