Detained ???

[Ray Z]

I've watched half a dozen referrals from other TGO members pertaining to LEO's stopping a person and the person asked the officer "If they are being detained or could they go?" What's the difference between being detained and being arrested? 

[cookingWithoutWater]

http://criminal-law.freeadvice.com/criminal-law/arrests_and_searches/arrest-detention.htm

[f3joel]

Reasonable suspicion and probable cause.

[mikegideon]

Be a dick, get hit with a stick. They don't have sticks anymore, but it works the SAME way.

[EssOne]

When you are stopped for a traffic violation, that is an arrest and a release upon your giving your written promise to appear at the stipulated time and place to answer the charges. i.e. your signature. That's why traffic tickets aren't labeled "Traffic Ticket.' They're labeled "Notice to Appear.", "Promise to Appear." "Traffic Summons," and so on. That's also why you have to go to jail if you refuse to sign the ticket in a lot of states - you've refused to give your promise to appear and the law requires a physical arrest under that circumstance.

 

The best advice I can give you is cooperate now and complain to the officer's supervisor later.

[monkeylizard]

Reasonable suspicion and probable cause.

 

To put a little more meat on that bone, if a reasonable person would believe that a crime may have been commited then the officer has legal justification to detain a person. If a reasonable person would believe that a crime has been commited then the officer has legal grounds for arrest. Detention can only last long enough for a reasonable investigation to ascertain probable cause or not. If there's no probable cause, the detention is supposed to end and the person is free to go.

[EssOne]

The police academy/law school definition of "reasonable cause" is: "That set of circumstances which would lead a man of ordinary reason and prudence to entertain a strong suspicion that a crime has been committed."

[bersaguy]

The LEO's have so many different options on which to stop and detain or hold a person for unspecified reasons it is better to just follow their instructions until such matters are resolved and they inform you that you are free to go...................jmho

[runco]

Don't know why this reminds me of a class I took at ETSU.  I once considered going into Criminal Justice as a career, and literally on the first day of Criminal Justice 101, the professor was asked a question by a student (not me).  What rights do I have against the officer in a traffic stop.  The professor said, basically none.  Be quite, answer yes sir, no sir, and answer each and every question honestly, and above all be patient.  He said basically the officer has the rights, and you punk don't.  So unless you want a stay at the concrete inn, play nice. 

 

This was 1986, no cell phones, no easy portable cameras, and no internet. 

 

This changed my whole outlook regarding traffic stops, I obliged. 

Edited September 2, 2015 by Runco

[OngoingFreedom]

I think I got this from The Blaze. I hope it comes through in a readable manner.

And I don't think a traffic stop is an arrest, just a detainment.




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[DaveTN]

As has been noted they are very different. If you aren’t sure if you are being detained or arrested; just ask. Many times someone is being detained while an Officer somewhere else is gathering info that may lead to either an arrest or a release.

If there is anything I have always wanted to do as a public service its talk to young people about two things; DUI and being stopped by the Police. Some parents try to inform their kids but don’t have the background to do it, some are just so bitter they blindly pass that along to their kids.

When your kid interacts with a Police Officer as a suspect or on a traffic stop, their freedom and their future could be on the line in those very few minutes. They deserve to have good, correct information to be able to make the choices that could have such an impact on them.

[crossfire]

I think I got this from The Blaze. I hope it comes through in a readable manner.

And I don't think a traffic stop is an arrest, just a detainment.




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http://www.online-paralegal-programs.com/legal-rights/

 

I think this is the same poster and it's bigger so you can read it. Please note the very last line "Laws vary by region, please do your research and know what the rights are in your area".

Edited September 3, 2015 by crossfire

[m16ty]

I've learned a lot of stuff from my many years dealing with law enforcement. 

 

I've tried to be confrontational (when I was younger) and that has never worked out in my favor.

 

I have found that just being honest and forthcoming can go a long way on something like a simple citation that the officer has discretion to overlook .

 

If it's something more that a simple citation, keep your mouth shut. You don't have to be confrontational but just shut up.

 

Years ago (when I was 16) I got confronted by the Game Warden for spotlighting deer. All I had done was shine the truck headlights into a field of deer. At the time, I didn't know it was illegal so I spilled the beans to the Warden thinking he would turn me loose after finding out I didn't have a gun or a spotlight. Come to find out the Warden had zero evidence other than a concerned citizen thought he saw me doing it (but wasn't sure) until I voluntarily gave him all the evidence he needed to issue a court summons. Ended up having to go to court and got off with nothing more than a stern talking to from the judge but I learned to keep my mouth shut in the future.

 

A lawyer told me one time "If you are being implicated in a crime,the cops already know what they know and there is nothing you can say to change that. By talking, the only possible outcome is you hurting yourself".  

[Ray Z]

I've learned a lot of stuff from my many years dealing with law enforcement. 

 

I've tried to be confrontational (when I was younger) and that has never worked out in my favor.

 

I have found that just being honest and forthcoming can go a long way on something like a simple citation that the officer has discretion to overlook .

 

If it's something more that a simple citation, keep your mouth shut. You don't have to be confrontational but just shut up.

 

Years ago (when I was 16) I got confronted by the Game Warden for spotlighting deer. All I had done was shine the truck headlights into a field of deer. At the time, I didn't know it was illegal so I spilled the beans to the Warden thinking he would turn me loose after finding out I didn't have a gun or a spotlight. Come to find out the Warden had zero evidence other than a concerned citizen thought he saw me doing it (but wasn't sure) until I voluntarily gave him all the evidence he needed to issue a court summons. Ended up having to go to court and got off with nothing more than a stern talking to from the judge but I learned to keep my mouth shut in the future.

 

A lawyer told me one time "If you are being implicated in a crime,the cops already know what they know and there is nothing you can say to change that. By talking, the only possible outcome is you hurting yourself".  

I'm like you, I just haven't had run ins with LEO's. I either got it out of my system when I was a teenager or I just don't do "it". I'm glad they're there and I know we can't do without them. I guess I've just watched too many Cops shows on TV.