Police arrests

A police officer may arrest you if they reasonably believe that you are committing a crime. Being arrested does not mean that you are guilty. The legal definition of a seizure is where a reasonable person would feel like they were not free to leave. There is a difference between a procedural arrest, where you are charged with a crime and typically taken to the police station, and a seizure that rises to the level of an arrest without necessarily being accompanied by a trip to the station.

Factors that may determine whether something qualifies as an arrest, including:

• Being placed in handcuffs
• Being put in the back of a locked police car
• Being booked at a police station
• Being fingerprinted and photographed

In some situations, the distinction between an arrest and a more brief detention is only relevant to a potential civil rights lawsuit. As a rule of thumb, if you are put in a police car and taken to the police station–you are under arrest. 

Note: If you or someone you know is being held by the Chicago Police Department, you can call 
First Defense Legal Aid at 1-800-529-7374 (1-800-LAW-REP4) for a free lawyer provided by the Law Office of the Cook County Public Defender, 24 hours a day, 365 days a year. You can also reach the Public Defender’s hotline directly at (844) 81-RIGHT (817-4448). Service provided by First Defense Legal Aid.

How long can an arrest last?

There is no exact limit on the amount of time an adult can be held in police custody before being charged. A judge will look at many different factors to see if someone has been held too long, including:

• How long you have been held
• If and how many times your Miranda rights have been read to you
• The specifics about how you were held

A child may be held for a shorter period of time, which varies by age. Juveniles 12-17 may be detained 24 hours for serious offenses. Juveniles under 12 may only be detained for 6 hours.

Arrests when children are present

An adult can be held in police custody for 48-72 hours before being charged or released. If you are to be held more than 48 hours, you are required to be brought before a judge to determine whether 24 more hours of detention at the station are justified. If you are arrested in your home, and you have children, then the police officer has to give the children to a relative or another responsible person that you choose.

Police arrests and juveniles

Police officers can arrest minors. Various factors are considered when a police officer decides whether to release or keep a minor in custody, such as:

• The charges against the minor
• The minor’s history and present situation
• Whether the minor is in school or working
• Availability of special resources and community services to help the minor
• The minor’s involvement with social programs
• The attitude of the community and any person complaining about the minor
• The attitude of the minor and the minor’s family
• If the minor is under the influence of alcohol or drugs

If a juvenile is accused of underage drinking or possession of alcohol, then the juvenile cannot be placed in jail.

In addition to arresting juveniles suspected of committing a crime, police officers can also briefly arrest juveniles who are delinquent, neglected, or dependent, or need supervision.

Juveniles are considered "protected persons" and, as such, have special rights when they are being questioned in custody. Starting on January 1, 2024, the definition of a protected person will also include people with a severe or profound intellectual disability. An officer cannot use deceptive practices to get a protected person to confess to certain illegal activities. An officer uses deceptive practices when they:

• Tell you information about evidence that they know is false, or
• They offer you leniency in exchange for a confession when they were not allowed to offer it.

If they do either of these things, the person's confession could be kept out of court.There are exceptions to this rule. See the Illinois Code of Criminal Procedure (725 ILCS 5/103-2.2) and Illinois Juvenile Court Act (705 ILCS 405/5-401.6) for more information. 

What information do I have to give the police?

If you are arrested, you must give police officers your real name and address. You do not need to answer any other questions or provide any other information.

What are my rights while under arrest?

Whenever you are arrested or taken into custody, you must be warned about certain things. Otherwise, the information you give to police might not be able to be used against you. These are called Miranda warnings.

You should be given these warnings when you are taken into police custody, but before you are questioned.

Also, if you are in custody, you should be treated humanely and provided with proper food, shelter, and medical treatment if necessary. 

The four Miranda warnings are below.

1. You have the right to remain silent. 

Everyone under arrest has the right to remain silent if they are questioned about a crime. This means that you do not have to talk with anyone, including detectives and State's Attorneys.

2. Anything you say can and will be used against you in a court of law.

Any statements you make can be used as evidence if you are charged with a crime. You do not have to make a formal statement, answer any questions about the incident, or take a lie detector test.

3. You have the right to a [no-lexicon]lawyer[/no-lexicon]. 

You also have the right to have a lawyer meet with you while you are under arrest and to consult with them alone and in private. In Illinois, you have the right to talk to a lawyer of your choice and members of your family as soon as possible after you are arrested, but no later than three hours after the police bring you to the first place where they hold you in custody. See below for more information about making calls while in police custody.

But remember, if you cannot afford to hire a lawyer yourself, you may not be appointed a public defender until your first court date. If you are arrested in Cook County, the Law Office of the Cook County Public Defender is appointed as counsel for you at the police station. You can reach their hotline at (844) 81-RIGHT (817-4448).

4. If you cannot afford a lawyer, one will be appointed for you.

Public defenders are lawyers who represent people charged with crimes and cannot afford to pay for a lawyer. If you are arrested in a jurisdiction where the court has appointed the public defender or other lawyer, the police must display their telephone numbers so you can call them while in custody. If you or someone you know is being held in Cook County, you can call 1-800-529-7374 (1-800-LAW-REP4) for a free lawyer provided by the Law Office of the Cook County Public Defender, or call the public defender directly at (844) 81-RIGHT (817-4448). Your call to the public defender or other lawyer must not be monitored, listened to, or recorded. 

Phone calls in police custody

In Illinois, you have the right to make 3 free calls within 3 hours of the police taking you into custody. You have the right to call a lawyer of your choice and members of your family as soon as possible after you are arrested, but no later than three hours after you get to the first place the police hold you in custody. If the police take you to a new place of detention, your right to make 3 calls within 3 hours of arrival restarts. 

When the police hold you in custody, they must give you:

• Access to free use of a telephone via a landline or cell phone to make your 3 phone calls.

It is important to remember that calls you make to anyone other than your lawyer are not private. The police can listen to what you say, so do not talk about the details of your case when talking to friends and family.