Yes, this will deter police from retaliating. Rulings like this in other circuits already have. Will it stop it completely? Of course not.
No, they cannot (lawfully) hold you for 24 hours with no reason.
Quick lesson (note: everything I say below is about what is legal, not what might happen -- people (including cops) can do illegal things after all):
Reasonable Articulable Suspicion (RAS) -- A set of specific facts that would cause a reasonable person to believe a crime has been, is being, or is about to be committed. You may be detained if a cop has RAS on you. But RAS is a pretty low bar.
If a cop has RAS and is detaining you, he's trying to get Probable Cause (PC) to arrest you. Talking will likely help him get it. I suggest you use your right to remain silent.
If a cop has PC, you can be arrested. In that case, you might spend the weekend in jail before having an opportunity to get bail, or they might just release you.
If you have been unlawfully detained or arrested, you can sue. It won't be easy to win, but you can sue. In many cases, police officers have what is called Qualified Immunity (QI). This means they literally cannot be sued.
But now, in the Fifth Circuit, it's a clearly established right to record. This means that the officers would lose QI and could be sued for their actions.
No, they cannot (lawfully) hold you for 24 hours with no reason.
Quick lesson (note: everything I say below is about what is legal, not what might happen -- people (including cops) can do illegal things after all):
Reasonable Articulable Suspicion (RAS) -- A set of specific facts that would cause a reasonable person to believe a crime has been, is being, or is about to be committed. You may be detained if a cop has RAS on you. But RAS is a pretty low bar.
If a cop has RAS and is detaining you, he's trying to get Probable Cause (PC) to arrest you. Talking will likely help him get it. I suggest you use your right to remain silent.
If a cop has PC, you can be arrested. In that case, you might spend the weekend in jail before having an opportunity to get bail, or they might just release you.
If you have been unlawfully detained or arrested, you can sue. It won't be easy to win, but you can sue. In many cases, police officers have what is called Qualified Immunity (QI). This means they literally cannot be sued.
But now, in the Fifth Circuit, it's a clearly established right to record. This means that the officers would lose QI and could be sued for their actions.