If you are stopped, you have been detained. If you are issued a ticket you have been arrested. If you sign the ticket and are sent on your way you have been released based on your promise to appear before the magistrate at some later date. If you refuse to sign the ticket you can be brought before a magistrate at that time. Unfortunately you may need to wait in a cell for a while before the magistrate is ready to see you.sjfcontrol wrote:Hmmm, In a 'normal' traffic stop, like for issuing a speeding ticket, is that an arrest? I thought you were considered "detained", as you were not allowed to leave (if you do, expect to see an aerial view of your moving vehicle on the Fox News channel), yet you were not under arrest.srothstein wrote:The arrest was made when the cop stopped the person from leaving the scene.
If you're arrested, don't they have to tell you "you're under arrest", and Mirandize you?
Now, they COULD do that, put you in the back of the unit, then look up the law, and subsequently release you at the scene, I suppose.
An officer only needs to "Mirandize you" if hew is going to perform a "custodial interrogation". In a traffic ticket situation he likely has all the evidence he needs to convict you without iterrogating you.