November 11, 2025 | Kentucky Law
If you’re stopped by the police in Louisville, Kentucky, it’s natural to wonder how long they’re allowed to hold you before they have to either charge you with a crime or let you go. While police officers in Kentucky have the authority to stop and detain people under certain circumstances, that authority is not unlimited.
The U.S. Constitution and Kentucky state law place clear boundaries on when and how long someone can be held without being charged with a crime. This article explains your legal rights during a detention and what the police can and cannot do under Kentucky law.
How Does Police Detention Work in Kentucky?
There’s an important difference between being detained and being arrested. Detention is a temporary stop for questioning or investigation, while an arrest involves formally taking someone into custody based on probable cause that they committed a crime.
Under the Fourth Amendment to the U.S. Constitution, police must have reasonable suspicion to detain you. This means they must be able to point to specific facts suggesting you might be involved in criminal activity, not just a hunch or an assumption.
For example, an officer might briefly detain someone who matches the description of a suspect and who appears to be trespassing.
How Long Can Police Detain You Without Charges?
Kentucky law does not permit officers to hold you without filing charges for an unlimited amount of time. The general rule is that a detention must be temporary and reasonable under the circumstances. What is considered “reasonable” can depend on the type of detention. Each type carries its own time constraints and legal precedents.
Types of police detention include:
- Traffic stops: These are focused on addressing a specific infraction and are generally limited to the time needed to issue a citation or warning. Expanding the scope without reasonable suspicion of additional wrongdoing could be considered unlawful.
- Investigative stops: A typical investigative detention should last only as long as needed for the officer to confirm or dismiss their suspicions. This usually means a few minutes, not hours.
- Custodial arrest: This is when the police take someone into physical custody. Custodial arrests allow for a more extended period for investigation, but still face limitations.
If the police make an arrest without a warrant, they must either release you or bring you before a judge within a reasonable timeframe. Under both Kentucky Rules of Criminal Procedure and federal law, that generally means within 48 hours of your arrest.
What Are the Police Allowed to Do During a Detention?
The police typically can:
- Stop you briefly if they have a reasonable suspicion that you’re involved in criminal activity
- Ask for identification or basic information related to their investigation
- Conduct a limited pat-down (frisk) for their safety
- Hold you temporarily while checking records or confirming details
While officers do have certain powers, there are also strict limits designed to protect your rights.
They usually cannot:
- Detain you for an unreasonable amount of time
- Search your belongings without probable cause (though there are certain exceptions, such as the plain view doctrine)
- Coerce you into answering questions
It’s critical to remember that you have legal rights when interacting with the police.
What to Do if You’re Being Detained
If you are detained or arrested in Kentucky, remain calm and assert your rights clearly.
You should:
- Avoid resisting arrest or arguing, as that can lead to additional charges.
- Ask whether you are free to leave. If the officer says yes, walk away calmly.
- Request an attorney immediately.
- Exercise your right to remain silent and avoid volunteering information.
Remember, anything you say may be recorded and used against you later, so it is best to talk as little as possible until your lawyer arrives.
Contact Suhre & Associates DUI and Criminal Defense Lawyers to Speak With a Louisville Criminal Defense Lawyer Today
The police cannot detain you indefinitely without charging you with a crime. If you believe you were detained longer than necessary, an attorney may be able to challenge the legality of that detention and seek to have any resulting evidence excluded in court.
If your rights were violated, Suhre & Associates DUI and Criminal Defense Lawyers are available to meet with you and offer guidance. Our attorneys have 100+ years of combined experience, including some who were former police officers.
Contact our Louisville criminal defense attorneys today for a free consultation to learn more about your legal options after a prolonged police detention. There is too much at stake to leave things to chance.
