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  1. #21
    Join Date
    Oct 2014
    Posts
    7,425

    Default Re: Ticket for Impeading Traffic Given Without Law Enforcement Seeing Alleged Violati

    Quote Quoting Jim Kozlovich
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    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)).
    They are surely detained if they are not free to leave. But when after the detention takes place does the arrest occur? Arrest and detention are not the same thing.

  2. #22

    Default Re: Ticket for Impeading Traffic Given Without Law Enforcement Seeing Alleged Violati

    Perhaps the moment they are handed the citation they are under arrest?

  3. #23
    Join Date
    Jul 2016
    Location
    Paso Robles, California
    Posts
    506

    Default Re: Ticket for Impeading Traffic Given Without Law Enforcement Seeing Alleged Violati

    Quote Quoting Taxing Matters
    View Post
    They are surely detained if they are not free to leave. But when after the detention takes place does the arrest occur? Arrest and detention are not the same thing.
    People v. Superior Court, (1972) 7 Cal.3d 186 at 200
    "The second preliminary matter we must consider is the precise point in time at which a traffic violator is "arrested." (4) A police officer may legally stop a motorist to conduct a brief investigation when he entertains a rational suspicion, based on specific facts, that a violation of the Vehicle Code or other law may have taken place (see People v. Griffith (1971) supra, 19 Cal. App.3d 948, 950-951, and cases cited), and the temporary restraint of the suspect's movements incident to that investigation will not ordinarily be deemed an arrest. But when the officer determines there is probable cause to believe that an offense has been committed and begins the process of citing the violator to appear in court (Veh. Code, 40500-40504), an "arrest" takes place at least in the technical sense: "The detention which results [during the citation process] is ordinarily brief, and the conditions of restraint are minimal. Nevertheless the violator is, during the period immediately preceding his execution of the promise to appear, under arrest. [Citations.] Some courts have been reluctant to use the term `arrest' to describe the status of the traffic violator on the public street waiting for the officer to write out the citation [citations]. The Vehicle Code, however, refers to the person awaiting citation as `the arrested person.' Viewing the situation functionally, the violator is being detained against his will by a police officer, for the purpose of obtaining his appearance in connection with a forthcoming prosecution. The violator is not free to depart until he has satisfactorily identified himself and has signed the written promise to appear." (Fns. omitted.) (People v. Hubbard (1970) 9 Cal.App.3d 827, 833 [88 Cal.Rptr.411].)"
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  4. #24
    Join Date
    Sep 2018
    Location
    Ohio
    Posts
    232

    Default Re: Ticket for Impeading Traffic Given Without Law Enforcement Seeing Alleged Violati

    Jim, I understand your argument of the word "Arrest" as in this 6th Circuit case, was Richardson under arrest or just detained pursuant to Terry. I was just wondering about the "citation-search" as opposed to "arrest-search" and Carl answered that.

    https://www.leagle.com/decision/19911800949f2d85111662

  5. #25
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,388

    Default Re: Ticket for Impeading Traffic Given Without Law Enforcement Seeing Alleged Violati

    Once again, I'll reiterate that in CA whether a release on an infraction citation is an "arrest" is dependent upon the context.
    **********
    Retired Cal Cop Sergeant & Teacher

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  6. #26
    Join Date
    Jul 2019
    Posts
    2

    Default Re: Ticket for Impeading Traffic Given Without Law Enforcement Seeing Alleged Violati

    vehicle code 22400a vc court 8-22 will let you know what happens.

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