# definition of "arrested," "detained," and "cited?" **URL:** \ **Category:** Factual Questions\ **Created:** [February 14, 2012, 12:46pm UTC](https://boards.straightdope.com/t/definition-of-arrested-detained-and-cited/612807 "2012-02-14T12:46:40Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Machine\_Elf](https://avatars.discourse-cdn.com/v4/letter/m/82dd89/32.png) [@Machine\_Elf](https://boards.straightdope.com/u/Machine_Elf)\ **Post date:** [February 14, 2012, 12:46pm UTC](https://boards.straightdope.com/t/definition-of-arrested-detained-and-cited/612807/1 "2012-02-14T12:46:40Z")
My wife submitted her application for US citizenship a few weeks ago. There is a question on the app form which asks: > [@USCIS](#): > > Have you ever been arrested, cited, or detained by any law enforcement officer for any reason? 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? ---
**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\ **Post date:** [February 14, 2012, 2:32pm UTC](https://boards.straightdope.com/t/definition-of-arrested-detained-and-cited/612807/2 "2012-02-14T14:32:02Z")
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? ---
**Author:** ![Machine\_Elf](https://avatars.discourse-cdn.com/v4/letter/m/82dd89/32.png) [@Machine\_Elf](https://boards.straightdope.com/u/Machine_Elf)\ **Post date:** [February 14, 2012, 2:53pm UTC](https://boards.straightdope.com/t/definition-of-arrested-detained-and-cited/612807/3 "2012-02-14T14:53:54Z")
> [@Loach](#): > > 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;](http://www.uscis.gov/files/form/n-400.pdf) 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? ---
**Author:** ![robert\_columbia](https://avatars.discourse-cdn.com/v4/letter/r/e79b87/32.png) [@robert\_columbia](https://boards.straightdope.com/u/robert_columbia)\ **Post date:** [February 14, 2012, 3:29pm UTC](https://boards.straightdope.com/t/definition-of-arrested-detained-and-cited/612807/4 "2012-02-14T15:29:59Z")
> [@Machine\_Elf](#): > > Application PDF is [here;](http://www.uscis.gov/files/form/n-400.pdf) 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. ---
**Author:** ![Brighter](https://avatars.discourse-cdn.com/v4/letter/b/ce73a5/32.png) [@Brighter](https://boards.straightdope.com/u/Brighter)\ **Post date:** [February 14, 2012, 3:40pm UTC](https://boards.straightdope.com/t/definition-of-arrested-detained-and-cited/612807/5 "2012-02-14T15:40:11Z")
> [@Machine\_Elf](#): > > My wife submitted her application for US citizenship a few weeks ago. > > 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: yghm, congrats, next time have in mind they mean _legal terms_. if in doubt: 1. ask and then 2.act whole story couldnt have been more _you_, isnt it? ---
**Author:** ![Machine\_Elf](https://avatars.discourse-cdn.com/v4/letter/m/82dd89/32.png) [@Machine\_Elf](https://boards.straightdope.com/u/Machine_Elf)\ **Post date:** [February 14, 2012, 3:52pm UTC](https://boards.straightdope.com/t/definition-of-arrested-detained-and-cited/612807/6 "2012-02-14T15:52:21Z")
> [@Brighter](#): > > yghm, congrats, next time have in mind they mean _legal terms_. 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? > [@](#): > > whole story couldnt have been more _you_, isnt it? 😕 ---
**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\ **Post date:** [February 14, 2012, 4:24pm UTC](https://boards.straightdope.com/t/definition-of-arrested-detained-and-cited/612807/7 "2012-02-14T16:24:03Z")
> [@Brighter](#): > > yghm, congrats, next time have in mind they mean _legal terms_. > > if in doubt: > > 1. ask > and then > 2.act > > whole story couldnt have been more _you_, isnt it? I have no idea WTF you are trying to say. ---
**Author:** ![Chessic\_Sense](https://avatars.discourse-cdn.com/v4/letter/c/7c8e57/32.png) [@Chessic\_Sense](https://boards.straightdope.com/u/Chessic_Sense)\ **Post date:** [February 14, 2012, 5:19pm UTC](https://boards.straightdope.com/t/definition-of-arrested-detained-and-cited/612807/8 "2012-02-14T17:19:22Z")
> [@Brighter](#): > > yghm, congrats, next time have in mind they mean _legal terms_. > > if in doubt: > > 1. ask > and then > 2.act > > whole story couldnt have been more _you_, isnt it? ::checks join date:: Nailed it. ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [February 14, 2012, 5:56pm UTC](https://boards.straightdope.com/t/definition-of-arrested-detained-and-cited/612807/9 "2012-02-14T17:56:52Z")
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. ianal. ---
**Author:** ![Kinthalis](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kinthalis/32/16084_2.png) [@Kinthalis](https://boards.straightdope.com/u/Kinthalis)\ **Post date:** [February 14, 2012, 6:37pm UTC](https://boards.straightdope.com/t/definition-of-arrested-detained-and-cited/612807/10 "2012-02-14T18:37:50Z")
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. ---
**Author:** ![Dewey\_Finn](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dewey_finn/32/4222_2.png) [@Dewey\_Finn](https://boards.straightdope.com/u/Dewey_Finn)\ **Post date:** [February 14, 2012, 6:53pm UTC](https://boards.straightdope.com/t/definition-of-arrested-detained-and-cited/612807/11 "2012-02-14T18:53:10Z")
The document “[A Guide to Naturalization](http://www.uscis.gov/files/article/M-476.pdf)” (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.** ” Bolding added by me. ---
**Author:** ![Machine\_Elf](https://avatars.discourse-cdn.com/v4/letter/m/82dd89/32.png) [@Machine\_Elf](https://boards.straightdope.com/u/Machine_Elf)\ **Post date:** [February 14, 2012, 7:57pm UTC](https://boards.straightdope.com/t/definition-of-arrested-detained-and-cited/612807/12 "2012-02-14T19:57:00Z")
> [@Dewey\_Finn](#): > > > [@USCIS](#): > > > > **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.**" > > Bolding added by me. 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.” FWIW, I found a definition for “detention” [here:](http://wiki.answers.com/Q/What_is_the_definition_of_being_detained_by_a_police_officer) > [@wikianswers](#): > > A Detention is a non-consensual temporary denial of liberty. A police officer must have “reasonable suspicion” that > > you are about to commit a crime > you are in the act of committing a crime, or > you have committed a crime > > in order to Detain you. The officer has the authority to temporarily deny you the ability to leave while he investigates his suspicion. You may still refuse to answer any questions, but you have no right to leave. The officer must use a reasonable amount of time to investigate his suspicions until the detention elevates to the level of “probable cause” to arrest you. If the officer fails to determine there is probable cause for an Arrest, he must release you in a reasonable amount of time. The courts have determined that what is a reasonable amount of time is relative to the criminal activity being investigated. If you attempt to leave a detention without the permission of the police officer, you may be subject to Arrest. During a Detention, absent certain circumstances, a police officer may not move you to another location or the Detention becomes a de facto Arrest. > > An example of a Detention: A police officer walking his beat sees you and does not recognize you from the area. He observes you for several minutes as you walk back and forth in front of a liquor store that is just about to close. You are wearing a red ballcap and the officer has taken two liquor store robbery reports this month about a person wearing a red ballcap entering the store just before closing time. You appear agitated and nervous, looking up and down the street. A police cruiser drives by and you duck into an alcove, then reemerge when the cruiser leaves. The officer determines that your actions are consistent enough with those of a robbery suspect that he believes he has reasonable suspicion to Detain you and investigate whether you are about to rob this liquor store. Under this definition, any traffic stop constitutes detention, independent of whether you are ultimately cited for a violation or not. ---
**Author:** ![Dewey\_Finn](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dewey_finn/32/4222_2.png) [@Dewey\_Finn](https://boards.straightdope.com/u/Dewey_Finn)\ **Post date:** [February 14, 2012, 8:02pm UTC](https://boards.straightdope.com/t/definition-of-arrested-detained-and-cited/612807/13 "2012-02-14T20:02:31Z")
My conclusion is that you do need to list all traffic citations on the application form, but don’t need to document them. Edited to add that **Eva Luna** is a paralegal working on immigration issues, so she may have some further advice if she sees this thread. ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [February 15, 2012, 12:13am UTC](https://boards.straightdope.com/t/definition-of-arrested-detained-and-cited/612807/14 "2012-02-15T00:13:33Z")
> [@Machine\_Elf](#): > > Y > > FWIW, I found a definition for “detention” [here:](http://wiki.answers.com/Q/What_is_the_definition_of_being_detained_by_a_police_officer) > > Under this definition, any traffic stop constitutes detention, independent of whether you are ultimately cited for a violation or not. Generally, for this purpose it does not. ianal. They are pretty clear what they want and they have given you $ limits and everything. ---
**Author:** ![Eva\_Luna](https://avatars.discourse-cdn.com/v4/letter/e/e495f1/32.png) [@Eva\_Luna](https://boards.straightdope.com/u/Eva_Luna)\ **Post date:** [February 15, 2012, 2:44am UTC](https://boards.straightdope.com/t/definition-of-arrested-detained-and-cited/612807/15 "2012-02-15T02:44:41Z")
> [@Dewey\_Finn](#): > > My conclusion is that you do need to list all traffic citations on the application form, but don’t need to document them. > > Edited to add that **Eva Luna** is a paralegal working on immigration issues, so she may have some further advice if she sees this thread. 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. ---
**Author:** ![GreenElf](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@GreenElf](https://boards.straightdope.com/u/GreenElf)\ **Post date:** [February 15, 2012, 4:01am UTC](https://boards.straightdope.com/t/definition-of-arrested-detained-and-cited/612807/16 "2012-02-15T04:01:25Z")
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. ---
**Author:** ![lawbuff](https://avatars.discourse-cdn.com/v4/letter/l/13edae/32.png) [@lawbuff](https://boards.straightdope.com/u/lawbuff)\ **Post date:** [February 15, 2012, 5:02pm UTC](https://boards.straightdope.com/t/definition-of-arrested-detained-and-cited/612807/17 "2012-02-15T17:02:53Z")
> [@Machine\_Elf](#): > > 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? 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. ---
**Author:** ![lawbuff](https://avatars.discourse-cdn.com/v4/letter/l/13edae/32.png) [@lawbuff](https://boards.straightdope.com/u/lawbuff)\ **Post date:** [February 15, 2012, 5:05pm UTC](https://boards.straightdope.com/t/definition-of-arrested-detained-and-cited/612807/18 "2012-02-15T17:05:59Z")
> [@Loach](#): > > 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. She was detained, as a motor vehicle stop is a Seizure. ---
**Author:** ![lawbuff](https://avatars.discourse-cdn.com/v4/letter/l/13edae/32.png) [@lawbuff](https://boards.straightdope.com/u/lawbuff)\ **Post date:** [February 15, 2012, 5:13pm UTC](https://boards.straightdope.com/t/definition-of-arrested-detained-and-cited/612807/19 "2012-02-15T17:13:53Z")
> [@GreenElf](#): > > 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. 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. ---
**Author:** ![MM88](https://avatars.discourse-cdn.com/v4/letter/m/58f4c7/32.png) [@MM88](https://boards.straightdope.com/u/MM88)\ **Post date:** [May 15, 2013, 3:26pm UTC](https://boards.straightdope.com/t/definition-of-arrested-detained-and-cited/612807/20 "2013-05-15T15:26:36Z")
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. > **[chapter3.pdf](https://www.uscis.gov/sites/default/files/document/guides/chapter3.pdf)** > > 321.13 KB “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.” [Next page](https://boards.straightdope.com/t/definition-of-arrested-detained-and-cited/612807.md?page=2)