so what do you think? if an officer is issuing you a ticket is it considered an arrest? it is here in utah.
2007-11-21 19:26:57 · 9 answers · asked by Ryan T 3 in Politics & Government ➔ Law & Ethics
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2016-06-03 02:15:12 · answer #1 · answered by Delores 3 · 0⤊ 0⤋
The short answer in most states would be false.
In most states, a ticket is considered a summons.
However, for most offenses for which tickets are given (primarily traffic-related), in most states, the officer has discretion to choose between giving an offender a warning, writing a ticket, or arresting the offender. As such, a traffic stop can turn into an arrest based on a variety of factors -- including but not limited to the behavior and attitude of the offender during the traffic stop.
2007-11-21 19:38:26 · answer #2 · answered by Tmess2 7 · 1⤊ 0⤋
FALSE!!!!
It's considered a "Detention" and not an arrest. I forget the name of the exact case on point, but recall the facts: Defendent is stopped for traffic violation, and the police conduct a search incident to arrest (a Chimel search). Held: The search was unreasonbale since there was no arrest, only a detention.
The Supreme Court also held that while a state could allow for a full arrest for a minor traffic offence, to do so would require actually booking, so a mere ticketing detention is still not an arrest.
Most states do NOT allow for a full arrest for minor traffic violations.
2007-11-21 20:47:33 · answer #3 · answered by tallthatsme 4 · 0⤊ 1⤋
It is not an arrest anywhere in the world. It is a charge of violation of a crime. You can choose to agree and pay a specified fine or go to court and contest the charge.
Citations are also issued for other minor crimes like shoplifting or minor possession. You sign the the citation and agree to take care of the issue. If you refuse to sign (thereby agreeing to take care of the charge) the officer will arrest you to make sure you take care of the charge.
A ticket or citation is issued in lieu of being arrested. Arrested is being taken into custody.
2007-11-21 19:34:32 · answer #4 · answered by Anonymous · 4⤊ 0⤋
No, it isn't, the ticket is the laying of the charge, period. Now, if the ticket is for DUI, felony evading, or similar, you are arrested on the charges, obviously. If the ticket is for 10 mph over the limit on the open highway, and you have no outstanding warrants, you aren't generally under arrest.
2007-11-21 19:39:20 · answer #5 · answered by Fred C 7 · 0⤊ 1⤋
A ticket is not an arrest. You'll know you're being arrested when they read you you're Miranda rights.
2007-11-21 19:34:39 · answer #6 · answered by Billy W 2 · 1⤊ 1⤋
An arrest is when an officer handcuffs you and takes you to jail.
2007-11-21 19:31:39 · answer #7 · answered by Anonymous · 1⤊ 0⤋
In Australia... if you get a ticket.. unlucky. You just have to pay it by a certain date. You could even get heaps of tickets in one day (I have never done it) and still won't go to jail.
2007-11-21 19:35:23 · answer #8 · answered by Anonymous · 2⤊ 0⤋
I wouldn't think so. Well, it depends on the ticket. If it is for speeding no, but if it is for assault yes, So I say it depends on the offense.
2007-11-21 22:22:33 · answer #9 · answered by Anonymous · 0⤊ 0⤋