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  1. #1
    Join Date
    Apr 2007
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    7

    Default Reference To 'Arrest' As A Possible Error in Police Report

    Hey guys,
    I was recently involved in an accident and was ticketed for Careless Driving. I've got another thread over in the Traffic Incidents as to whether or not I'm going to contest that ticket. Anyway, I received the police report for my accident today and I noticed something majorly wrong.

    In the report form is has a section labeled Injury Scene on the side. It then goes on to say the following:
    Scene of Accident Examined By: Officer Roman
    Taken to Hospital?: No
    Offender Involved:Yes
    Offender: My Name Tow
    Person Arrested: Yes <----THIS IS WHAT I'M CONCERNED ABOUT
    Who Was Arrested: My Name Tow
    SURF_COND:Clear
    Weather:Sunny/Warm

    I was not arrested. Is there anyother meaning to the word Arrested other than detained and taken into custody?

    What can I do if there is an error in the Police Report?

  2. #2
    Join Date
    Nov 2006
    Posts
    101

    Default Re: Dual Meaning?/Error in Police Report

    Well getting the ticket is basically the same thing to the courts. You can't be convicted of something in this country without an "arrest".

    I not sure what difference it would make on a police report though or how it's going to help you. Most likely if you got a careless driving ticket, you are the at fault party in the traffic collision.

  3. #3
    Join Date
    Sep 2005
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    Default Re: Dual Meaning?/Error in Police Report

    An arrest can involve conduct short of taking somebody into custody. If you're taken into custody and "booked", it's obvious that you have been arrested. But if even if you're temporarily held in custody at the scene, ticketed and released, it can be an "arrest" and the department may want that documented. In this later sense of the word, it's a detention by the police which would lead a reasonable person to believe that he or she is not free to leave. (Also, as you note, it may be a clerical error.)

    You do not have to be arrested to be convicted of a crime.

  4. #4
    Join Date
    Nov 2006
    Posts
    101

    Default Re: Dual Meaning?/Error in Police Report

    Quote Quoting Mr. Knowitall
    View Post
    You do not have to be arrested to be convicted of a crime.
    Could you please provide an example?

  5. #5
    Join Date
    Apr 2007
    Posts
    7

    Default Re: Dual Meaning?/Error in Police Report

    I went to the police station today. Supposedly Arrested is the same thing cited or issued a ticket to.

  6. #6
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    Sep 2005
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    Default Re: Dual Meaning?/Error in Police Report

    Quote Quoting Maxima Lover
    View Post
    Could you please provide an example?
    Start your own thread. But try Googling a bit first, as your question is remedial and you should be able to answer it yourself.
    Quote Quoting towpher
    View Post
    I went to the police station today. Supposedly Arrested is the same thing cited or issued a ticket to.
    That's an interesting way to describe it....

  7. #7
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Dual Meaning?/Error in Police Report

    Quote Quoting Maxima Lover
    Could you please provide an example?
    Here's one ... you are detained at a scene of a fight. The officer can take you to jail if he wants to. Instead, he issues you a citation to appear in court in lieu of the custodial arrest.

    An arrest is a term that can have more than one meaning depending on the context. In the instance provided by the OP the arrest probably refers to a citation. Even if a clerical error on the report, it would do nothing to directly effect the guilt or innocence of the suspect.

    - Carl
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  8. #8
    Join Date
    Nov 2006
    Posts
    101

    Default Re: Dual Meaning?/Error in Police Report

    Quote Quoting Mr. Knowitall
    View Post
    That's an interesting way to describe it....
    That's the right way to describe it. You can't have a criminal court date and trial without an arrest. Ask any judge and they will tell you, an arrest doesn't mean you get handcuffs on and spend a night in jail.

  9. #9
    Join Date
    Nov 2006
    Posts
    101

    Default Re: Dual Meaning?/Error in Police Report

    Quote Quoting cdwjava
    View Post
    Here's one ... you are detained at a scene of a fight. The officer can take you to jail if he wants to. Instead, he issues you a citation to appear in court in lieu of the custodial arrest.
    - Carl
    Yes, you aren't actually "arrested" as most people think of the word, but you are arrested according to the courts.

  10. #10
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Dual Meaning?/Error in Police Report

    Quote Quoting Maxima Lover
    That's the right way to describe it. You can't have a criminal court date and trial without an arrest. Ask any judge and they will tell you, an arrest doesn't mean you get handcuffs on and spend a night in jail.
    Uh ... not true. We regularly put people on trial that have never been arrested. Some are issued a summons to court, some are cited to court, and others may be booked (and often released) when they first attend court, but not all are "arrested" prior to court.

    - Carl
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

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