Thursday practice notes 12/18

#26
#26
illvol said:
Whether you're cited or put in jail you are arrested. One releases you with a citation (promise to appear at a later date or pay fine) and the other is a custodial arrest. Either way you're arrested.
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So, if I understand this correctly; I have a tail light out and an LEO gives me a ticket/citation, I'm technically arrested? I understood that a ticket/citation allows me to pay the fine or appear in court and the citation was to appear in court without the option to pay a fine and face a judge on a specific date time with threat of arrest for FTA. An arrest by definition is the taking into custody another person under authority empowered by law, to be held or detained to answer a criminal charge or to prevent the commission of a criminal or further offence. Just my understanding of the terms.
 
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#27
#27
emzeeee said:
One of my friends did get arrested and cited(his parents live in Canada. Awkward). One didn't get arrested, but got cited.

Case by case, I suppose. Maybe they were in a bad mood.
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I might can answer that. Canada is not a member of the Non-Resident Violator's Compact Agreement (too long to explain...Google it). Same with a few other states, mostly in the West. So...some agencies have a "cash bond or mandatory arrest" policy, vice cite and release, for non-NRVC residents, including Canada.

Working I-95, we have stopped a boatload of Canadians for speeding, and the "failure to appear or pay the fine" rate was almost 100%. We eventually went to a cash bond system for the NRVC "nots", including Canadians, which means drive to the S.O. and pay a cash bond, or get booked. That way, if they don't show, they just forfeit the bond.

Might not be what got your Canadian friend arrested, but it's a safe bet.

Go Vols.
 
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#28
#28
OrangeSquid said:
So, if I understand this correctly; I have a tail light out and an LEO gives me a ticket/citation, I'm technically arrested? I understood that a ticket/citation allows me to pay the fine or appear in court and the citation was to appear in court without the option to pay a fine and face a judge on a specific date time with threat of arrest for FTA. An arrest by definition is the taking into custody another person under authority empowered by law, to be held or detained to answer a criminal charge or to prevent the commission of a criminal or further offence. Just my understanding of the terms.
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You are correct in your understanding. It's a bit murky...but a traffic stop itself is not an "arrest". The Supreme Court has ruled it to be a "brief stop for investigative purposes". I can only speak for Georgia, but the standard Uniform Traffic Citation / Warning / Summons can be used as either an arrest document, a written warning, or a summons to appear. So...a "cite and release", by definition, is not an arrest, but one could possibly argue that since your freedom of movement is restricted while the citation is being issued that it is, in fact, an arrest. Non-custodial, but still a restriction on freedom to move.

I would imagine that any attempt to drive away from a traffic stop would resolve any doubt that might exist. Cop humor.

I ran into that issue a few times here and there, and I always tried to defuse it by being as polite as I could, and pointing out that it would be a waste of time for both of us if it needed to become a custodial arrest just to resolve the question.

Hope that helped.

Go Vols.
 
#29
#29
AndyMizunogolfer said:
Are you sure he was only cited? I know when I got caught for underage drinking I got to spend a few hours at the jail until my parents came to bail me out.
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It depends on the cop and the circumstance. When I got cited, my friend got arrested and had to spend a few hours in the drunk tank. In the end we both got probation and then it got expunged. The only real difference was that he got off probation and got it off his record sooner since he got booked that night and I had to drive out to get booked later.
 
#31
#31
Face said:
Cited. No DUI, no resisting arrest (no arrest was attempted) no bad attitude. The "arrested by citation" nonsense was an attempt to make a big deal of this.

Misdemeanor underage consumption citation.
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So basically a speeding ticket, correct?

If so thank goodness!! :salute:



.
 
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#33
#33
illvol said:
Whether you're cited or put in jail you are arrested. One releases you with a citation (promise to appear at a later date or pay fine) and the other is a custodial arrest. Either way you're arrested.
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True. Also when crime statistics are reported citations are counted as arrest. In almost all misdemeanor offenses, citations are supposed to be issued in lieu of arrest. In some circumstances however, this is not permissible or practical. All of this said to say that technically a citation is an arrest.
 
#34
#34
vol445 said:
Okay for those that do not understand. A citation is the same as an arrest only it is ror meaning as long as you show for court date you are not taken to jail right then. Citations can be issued for any misdemeanor crime even simple assault. So yes essentially he was arrested but was not "jailed"
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I'm glad there is at least one person here that isn't flat out pretending what they want to be true actually is true. Is it the same as an arrest? Yes. Is it a big deal? NO!
 
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#35
#35
Chilmonty said:
So basically a speeding ticket, correct?

If so thank goodness!! :salute:



.
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Not exactly. Maybe like a bad speeding ticket or a fifth ticket. This will most likely come with probation whenever he has court. So it's just even more important to stay out of trouble
 
#39
#39
So he's in the safety of his dorm and is cited for underage drinking after Cop knocks on the door. Did he answer the door and turn up a beer or did the cop see empties and assume he drank and cited him or he asked Jalen and he fessed up so much for telling the truth.
 
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#40
#40
JONES: We take great pride and spend an inordinate amount of time on personal development. We take that very seriously.

VS:

DOOLEY: We take great pride and spend an inordinate amount of time on personal hygiene. We take that very seriously.
 
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#42
#42
illvol said:
Whether you're cited or put in jail you are arrested. One releases you with a citation (promise to appear at a later date or pay fine) and the other is a custodial arrest. Either way you're arrested.
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so.....speeding ticket = getting arrested
 
#43
#43
vol445 said:
Okay for those that do not understand. A citation is the same as an arrest only it is ror meaning as long as you show for court date you are not taken to jail right then. Citations can be issued for any misdemeanor crime even simple assault. So yes essentially he was arrested but was not "jailed"
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The question I answered correctly was essentially, "was he written a citation or was he handcuffed, taken to a precinct and jailed". If you want to be technical and explain what would potentially happen if he did not appropriately adhere to or respond to the citation then fine. But it is very misleading to say that Jalen was arrested by police over this incident because it's not true.
 
#44
#44
Monkey Wrench said:
so.....speeding ticket = getting arrested
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technically.

Speeding tickets are odd ducks in terms of this but along the same lines as what another poster added earlier, if you are not free to leave you are technically arrested.

There are custodial arrests and non-custodial arrests. A citation is an example of a non-custodial arrest. You receive a "summons" to appear in front of a judge at a later date or the option to plead guilty and pay the fine.
 
#45
#45
illvol said:
technically.

Speeding tickets are odd ducks in terms of this but along the same lines as what another poster added earlier, if you are not free to leave you are technically arrested.

There are custodial arrests and non-custodial arrests. A citation is an example of a non-custodial arrest. You receive a "summons" to appear in front of a judge at a later date or the option to plead guilty and pay the fine.
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lol
 
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