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  1. #14
    Join Date
    Sep 2018
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    Ohio
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    Default Re: Ticket for Impeading Traffic Given Without Law Enforcement Seeing Alleged Violati

    Quote Quoting Jim Kozlovich
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    First, we are discussing arrests in California not Ohio, and Ohio case lase law is not relevant in California. With me, if you want to convince me as to the legitimacy of your argument, you are going to have to provide case law citations you are referring to otherwise they are meaningless.
    My point was, and that word "Arrest" is subject to context, as Carl said. Knowles states a Citation is not the = of Arrest, as in "Search incident to citation"and "Search incident to arrest".

    https://supreme.justia.com/cases/federal/us/525/113/

    Second, again, you have missed the point. The issuance of the citation (Notice to Appear) does not constitute an arrest. The actual arrest happens before the Notice to Appear is issued.

    An arrest is made when there is probable cause the facts support an objective belief that the person to be arrested has committed a crime (Traffic infractions in California are criminal in nature). An arrest requires taking someone into custody, against that person's will, in order to prosecute. An arrest does not mean the person is actually taken to jail. In traffic stop, the driver is technically under arrest because the driver is not free to leave until they sign the Notice to Appear. If the driver refuses to sign the Notice to Appear, they will be taken to jail (CVC 40302(b)).
    My problem is if CA terms Arrest as detainment prior to the issuance of a citation. All states permit the issuance of a citation in lieu of arrest for non felonies. That's my point.

    Per the USSC Arrest in the traditional sense means transporting a person to jail/court to answer for a crime.

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