Pulled over for an arrest warrant

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Quoting michigan04

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Ok thanks for the help. I was never arrested for the warrant, I dont even know what kind of warrant it is, or why i have one. I know what its from. But I never knew that I had to go to court or anything.

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You were cuffed in the back of a police car and released on bond (I don't work in a state where bond can be posted in the field, but each state is different, I suppose) - this is called an arrest. You weren't booked, but you were arrested.

I suppose Aaron might be able to explain the subtle difference for Michigan, but this sure sounds like a custodial arrest to me.

- Carl

Are we talking about the same thing?

Procedurally, if you're handcuffed in the back of a police car and held until you pay bond, I think any court will find that you were arrested. The police, though, do not have to read you your Miranda rights just because you were arrested - they only have to read them if they are interrogating you, with the consequence of their failure being that it probably won't be possible to use statements they elicit during the interrogation in later court proceedings.

But if the question about arrest relates to the earlier incident - you weren't arrested, but a bench warrant was issued anyway - you don't need to be arrested for there to be a bench warrant. If you don't show up in court for a legal proceeding where you are a criminal defendant, the court will normally issue a bench warrant.

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Quoting aaron

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Are we talking about the same thing?

Procedurally, if you're handcuffed in the back of a police car and held until you pay bond, I think any court will find that you were arrested. The police, though, do not have to read you your Miranda rights just because you were arrested - they only have to read them if they are interrogating you, with the consequence of their failure being that it probably won't be possible to use statements they elicit during the interrogation in later court proceedings.

But if the question about arrest relates to the earlier incident - you weren't arrested, but a bench warrant was issued anyway - you don't need to be arrested for there to be a bench warrant. If you don't show up in court for a legal proceeding where you are a criminal defendant, the court will normally issue a bench warrant.

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Well I wasnt hand cuffed, but while in the police car the officer asked if I have been drinking and i did have some drinks that night,so i took a breathalizer and blew a .46. anyway i was never aware of any court date or hearing or anything for that matter. At the time of the incident the officer told me i would be contacted if anything comes of this, i was never contacted, this happend 2 years ago.

You were probably issued a citation or notice to appear in court by mail. If you check the court file, it should reflect the basis of the bench warrant.

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Quoting aaron

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You were probably issued a citation or notice to appear in court by mail. If you check the court file, it should reflect the basis of the bench warrant.

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This is a dumb question but how do i go about that?

Court files are public records. You should be able to go to the courthouse and ask to look at a copy. If you want to make copies to take home, they can generally accommodate you (but typically charge 50¢ - $1 per page.)

I don't know how things go in each of the 'States, but up north, an officer has to have some sort of grounds to run plates. Being bored at a red light doesn't count. Observing someone driving down an industrial road at 4 in the morning when all the factories are closed is suspect. Witnessing a car driving fast is a bit less suspect. Observing a motor vehicle commit an offense is sound.

Interesting argument to be had in court.

And I always thought arrest was pretty universal: when an individual is deprived of his liberty. When you're at a traffic stop, you're under arrest. You may not be handcuffed or in the back of the car, but you are not to free to leave at your own will.

Down here the essential idea is that license plate information is not subject to any privacy issues with regards to law enforcement's legitimate activity. So long as the plate is not being run for an unlawful reason (to get a date, to find info for a friend's P.I. business, etc.), then we can do it.

As for the "arrest" we have two levels of depriving someone of liberty on the street: A detention (which requires only reasonable suspicion to believe criminal activity is afoot), and an arrest, which means that there is probable cause to believe that a crime has been committed and that the suspect has indeed committed the offense. By legal definition, most traffic stops are considered detentions and not arrests - it is mostly a matter of the force being used to effect the detention.

- Carl

There was an arrest warrant. By running the tags and seeing a person meeting the description in the vehicle, the officer had RAS to think the person was in the vehicle. He could briefly stop the vehicle to investigate. Then he had PC to arrest once he was certain it was the suspect. Once there is an arrest warrant the police can break your door down.

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Quoting lwpat

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There was an arrest warrant. By running the tags and seeing a person meeting the description in the vehicle, the officer had RAS to think the person was in the vehicle. He could briefly stop the vehicle to investigate. Then he had PC to arrest once he was certain it was the suspect. Once there is an arrest warrant the police can break your door down.

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I fully agree, that's the way it should be. I'm just trying to get my head around indiscrimnately running plates;).