I was not arreste just detained. They would not let me use…

If you are only being detained, you don't have any of the rights that apply if you are arrested.
If you were under arrest, you are entitled to certain rights under the United States Constitution designed to protect citizens from being treated unfairly. If you were under arrest, the police were obligated to tell you what your rights were. They must tell you that you have the right to remain silent, that if you do not remain silent they will use your statements against you in court, that you have a right to retain an attorney, and if you can't afford an attorney the court will provide one without charge.

If the police arrest you without giving you these warnings, called Miranda Warnings, anything you say or evidence that your statements helped them find will often be excluded from your case and they may not be able to use that evidence against you. If the police can show that at the point you made the statements you were not yet under arrest, it doesn't matter whether they warned you of your rights, they can use your statements.

he first factor most courts look at in determining whether there was an arrest is what the officer told you. An initial traffic stop where a police officer tells you that you have been pulled over for speeding is not an arrest. At that point, it’s just a detention. Ironically, even though you are not technically “free to leave," you are not considered under arrest because the time you are being detained is more brief than an arrest.

The second factor courts will review when evaluating a possible arrest is what the officer did to make you think you were under arrest. In the same example from above, if the police officer asks you for consent to search your car and finds cocaine, he may immediately place you in handcuffs. Even though he never states "you are under arrest," everything about his actions let you know that you were under arrest.

Generally, being placed in handcuffs is a factor in your favor. Some courts have held that this is not a requirement, however. If you tell the officer, for example, that you have a loaded gun in your car, he may tell you that you are not under arrest and place you in cuffs while he retrieves the loaded weapon due to officer safety concerns. Some courts say this is not an arrest, despite the handcuffs, because the officer made it clear that the detention was for a limited and brief purpose.

Arrests and Statements

A third major factor the courts will review to decide if you were under arrest is whether the police let you go. For example, if the police suspect that you have been involved in a burglary, the police may ask that you come to the police station and give a statement. Once you arrive, the police tell you that they are concerned about your involvement, but also tell you that you are not under arrest yet. They do not read you Miranda warnings and you give a statement. After you give a statement, the police officers allow you to leave. Within the next hour, based on your statement and other evidence, they obtain a warrant to arrest you. Should your statement be suppressed? No. Many courts will hold that because they told you were not under arrest, and you were free to leave after the interview, that you were not under arrest. Again,if you were not under arrest the police are not required to give you Miranda warnings. http://criminal-law.freeadvice.com/criminal-law/arrests_and_searches/police_arrest_procedure.htm

Hold on.....there is more

You have a right to know if you are being arrested. If you are being arrested, then you have all of the rights that apply under Miranda (if the police ask you specific questions about an alleged crime).

If you are in a cell (drunk tank) and not allowed to leave, you can make the argument that you are under arrest. However, again, Miranda doesn't apply if you are not asked any substantive questions.

Again, finally, being "detained" for six hours without knowing whether you are being "arrested" may be an unreasonable period of time, but that is a fact to be determined by the judge or jury.

You don't have many rights at all as a detainee. You do have the right to be treated with dignity while being detained. However, only if the factors that make up an arrest exist do your constitutional and Miranda rights apply.

I hope you find this information useful. If you have follow up questions, please ask. If you are satisfied with the answer, PLEASE PRESS THE GREEN ACCEPT BUTTON so that I can get credit for answering the question. Thank you

If you are not being interrogated (questioned), you do NOT have a right to have an attorney. If you are being questioned AND you are involuntarily in custody, you have a right to an attorney to be present.

I wish I could have given you a more favorable answer. However, I hope you find this information useful. If you have follow up questions, please ask. If you are satisfied with the answer, PLEASE PRESS THE GREEN ACCEPT BUTTON so that I can get credit for answering the question. Thank you.