My wife submitted her application for US citizenship a few weeks ago. There is a question on the app form which asks:
She has received two traffic tickets in her lifetime. In both cases, a police officer drove behind her, turned on lights, pulled her over, and wrote her up. in my mind, this means she was “detained” (at the roadside) and “cited” for the traffic violations. I encouraged her adhere to a policy of absolute honesty and openness and therefore answer yes to this question on the application, and - per USCIS instructions - provide further explanation on a separate sheet of paper.
Yesterday she received notice from USCIS that since she indicated she was arrested :eek:, they want her to bring any available records regarding her arrests when she comes for her interview. :smack:
Certainly this will all get cleared up at the interview, but until then, I’m wondering who screwed up - me (for advising my wife to answer yes), or USCIS? Did I understand the terms “detained” and “cited” incorrectly? When a cop pulls you over for a suspected traffic violation, are you in fact being subjected to roadside detention at that point? And do her traffic tickets (e.g. 40 in a 30, illegal U-turn, etc. with penalties being fine+points) constitute being “cited?” Was I wrong to advise my wife to answer “yes” to that question?
I would say that you answered correctly for cited but incorrectly for detained. I would have read that as custodial detention not just a simple vehicle stop. But they could have been a lot clearer.
It was just a simple yes or no with no room for additional information?
Application PDF is here; question is on page 8, part 10D. They say if you answer yes, to put more info in the blank table there, and explain even more on a separate sheet of paper if necessary. She filled out the table, and included included a reference to a separate sheet of paper on which she explained in full detail what had transpired.
I have always understood that if you are not free to leave the scene (in this case a roadside traffic stop), then you are being detained. Have I got that wrong?
It’s my personal understanding that when a cop tells you to stop (e.g. by telling you to stop, or by flashing lights, etc.), you are being “detained”. At that point, the cop might ask you a few questions, ask for ID, investigate the scene, possibly do a safety search, call headquarters to check for outstanding warrants, etc. At that point, the officer can do a few things. They can “release” you unconditionally, “cite” you and then release you by issuing you a summons such as a traffic ticket, or “arrest” you, which would normally involve a ride in a police car, being “booked”, and being hauled before a judge. It’s my understanding that an “arrest” is more in-depth or longer term than just being stopped for a few minutes and may involve formal procedures, detention for several hours, or a formal hearing before a judge, but I will leave it for they attorneys to provide a concise definition and to help explain what the essential elements of an “arrest” are that distinguish it from a “detention”.
But I think you did the right thing. She can clear it up at the interview and it shows honesty.
Thanks for your help. :dubious: The subject of this thread is in fact the legal definitions of “arrested,” “detained,” and “cited.” Are you saying I did not correctly understand those definitions?
I would have call ed those simple citations and given details:
“Traffic violation- cited for illegal right turn, 10.31/2011 paid fine.” If, indeed, they want to consider every traffic violation as being “detained” you have given them all the nessesary info. But I don’t think that’s what they meant.
I hated that question when I was applying fo rmy citizenship. Brought me no end of trouble.
I had been technically arrested - a ticket my mom neglected to pay a year before (I was 17), came back to haunt me at age 18 (I was not driving, hadn’t used my license since I was going to school in NYC, and had no money). I just happened to be unlucky enough to use it for ID at the request of an officer - long story short my friend had left his PC in his car while he warmed it up cops got suspicious). I was in jail for 1 hour while my buddies got the $200 for the ticket and I was let go.
I really doubt that being stopped for a ticket counts as something you’d have to cite in that question. But you really should of consulted with a lawyer at that point.
From what I recall my lawyer telling me, the FBI will run a background on you to see if you were arrested for anything serious and compare your answer.
In the end the officer in charge of my application asked me why I was arrested and then waived it away when I told him it was for an unpaid parking ticket. That, turned out, could not be used as a reason to deny me citizenship.
The document “A Guide to Naturalization” (PDF warning) says, “If you have been arrested or convicted of a crime, you must send a certified copy of the arrest report, court disposition, sentencing, and any other relevant documents, including any countervailing evidence concerning the circumstances of your arrest and/or conviction that you would like USCIS to consider. Note that unless a traffic incident was alcohol or drug related, you do not need to submit documentation for traffic fines and incidents that did not involve an actual arrest if the only penalty was a fine of less than $500 and/or points on your driver’s license.”
Yep, we saw that part, and took “documentation” to mean actual police/court-prepared documents (as opposed to written confessions/explanations provided by the applicant).
Am I also misunderstanding the definition of “documentation?”
The question on the app is pretty clear about being arrested/cited/detained “for any reason.”
Howdy! IANAL, but I would have mentioned the traffic violations on the addendum more or less how DrDeth mentions, and bring a copy of your driving record to your interview. Chances are the officer will glance at your record and drop the issue entirely.
I wouldn’t necessarily ignore out of hand traffic citations even if they don’t involve alcohol or drugs. I am thinking of a case years ago in which a client put on our questionnaire that she had a traffic ticket for being involved in an accident. I was glad we asked her for the complete record, because she was initially charged with manslaughter (someone died in the acident). That’s the kind of thing you might want to explain upfront before you are asked about it at the interview.
Being “detained” can mean being held in “detention” within a jail, for up to 48 hours for alleged lesser crimes. There’s a lot of people in jail who haven’t been found guilty of a crime let alone seen a judge, merely deemed “probable cause” by the police.
Citizen status may refer to terms different than an everday legal context will.
She was detained and cited, but for 4th AM purposes she was NOT arrested. You just need to clarify to them the exact nature.
The Supreme Court ruled in Knowles v. Iowa, that a “search incident to citation” is not the same as a “search incident to arrest”. Although no search took place with your wife, the substantial effect is that NO arrest took place.
As a comparative example, an officer can search a car incident to an occupants arrest (Emphasis on Arizona v. Gant as an exception). Some jurisdictions refer to placing a detainee in back of a police car a “traffic arrest” HOWEVER, this is not and has never been ruled on to create the environment necessary to “search incident to arrest”, as in a full custodial arrest.
The details are important to them, that is all, you were correct unless they DEFINED themselves what exactly an arrest was.
If you are in jail you are under arrest, period, and that requires probable cause. Anyone would say that is being detained.
Although at one time in this country a person could be “taken in for questioning” absent PC for an arrest, this is no loner Constitutional.
The 48 hours is from (minimum time to be charged), to comply with the federal constitution, see County of Riverside v. McLauglin, and were arrested without a warrant and still in custody.
If arrested with a warrant, I have never seen states go over a 72 frame to arraign if the person is still in custody.
You do NOT have to report traffic infractions which result in a fine of less than $500 and points, unless the infraction was DUI or drug related.
“Note that unless a traffic incident was
alcohol or drug related, you do not need to submit documentation for traffic fines and
incidents that did not involve an actual arrest if the only penalty was a fine less than
$500 and/or points on your driver’s license.”
