I was given a speeding ticket in Idaho with an Ontario drivers’ license, and all the guy did was write me a ticket. Whereas an elderly lady from Idaho mentioned that she would detour around Oregon (1980’s) since she hadn’t paid a ticket from there.
Absolutely correct… unless a state has some statute to the contrary, of course. But you’re right that an arrest may be made for even a minor traffic violation without offending the Constitution.
Right, so what Habeed said is not correct. You’re not under arrest because a cop saw a traffic violation and turned his lights on.
If you get arrested, then you’re under arrest.
and
But you didn’t answer my questions in those posts, which is why I asked. I’m sorry if my questions were bothersome to you, officer. I will try to behave myself more inline with your unknown expectations in the future.
In fairness, the Nolo article linked does say a traffic stop is an arrest.
Habeed, this article is taken from a book written for laypersons which in this case is oversimplifying matters.
During a traffic stop, the driver is detained, but is generally not under arrest. These are two different levels of interaction with law enforcement which involve two separate sets of rights to the suspect (though LEOs will frequently blur the line between the two, which makes it an even worse idea to conflate them in a book that purports to “teach people their rights”. Maybe I’ll send a strongly worded e-mail to the author.)
Moderator Action
Since this thread seems to involve a lot of opinions about legal stuff, let’s move it to our forum for opinions about legal stuff.
Moving thread from General Questions to In My Humble Opinion.
Huh. I thought this thread was about as GQ as GQ gets. I wouldn’t have been such a jerk to Habeed for that answer in IMHO!
Yeah, it says a few weird things. It immediately goes on to say
Which, like, those things are true – the answer to that question would be no – but you’d think those things would point something important out about the whole situation.
Feel free to join me in my strongly worded e-mail. 
Yes, I did. You started talking about tickets getting sent state to state and I had already said Wisconsin is not a member of any compact. So even if the DOT sends a ticket to another state there isn’t much they can do about it. This is why we issue a license on paper and then suspend it. Because we can’t do anything to your home state license like a state in a compact can.
But, like I said, every agency has their own policies and procedures. A friend of mine works for a department that only issues tickets regardless of where the violator is from. According to him in the summer time they tag a lot of Arizona and Florida drivers and nobody pays the cites. Well, duh. :rolleyes:
Quite a few years ago someone cited a Nevada driver instead of taking them. I know this because I pulled the guy over and he had a warrant from the unpaid ticket. His wife was screaming and yelling not because he was in custody, but that I shouldn’t have pulled him over in the first place.
He was going 76 in a 25. :rolleyes::rolleyes:
Huh!! I just checked, WI has a non resident exemption as all states do.
You can’t in Ohio for a MM, and I suppose it is frowned upon in TX, even though legal in TX.
Brendlin is not the proper cite, it is Maryland v. Wilson.
No, a traffic stop is not an arrest, see Knowles v. Iowa. If receipt of a citation is not an arrest, then neither is the investigative stop.
While I should have included Wilson, my point with Brendlin is that passengers are also “seized” during a stop.
Oh, to add, a traffic stop can turn into an arrest if it exceeds a reasonable time frame to complete the original purpose of the stop. Arguendo, this is not the case too often I would imagine. A “routine” stop in accord with TERRY is not an arrest.
If you are talking about the one in Sandusky Ohio, the cop said he reasonably resembled a man who was wanted, so he asked for ID and ordered him out, IF the cop was on the level, that is a lawful order.
Is that for resident or non-resident violators?
My cousin got pulled over back when the highway limit was only 65. He was taken into custody and made to post. Like most people he was stunned that that could happen.
He was also stunned that he was tagged for only going 6 over in the middle of nowhere Wyoming.
ANY driver. If the offense is a minor misdemeanor, no arrest can be made absent a few statutory exceptions.
Any offense a M4 and above is arrestable, and Ohio permits municipalities to have a higher classification than state law, so without knowing the exact charge, I can not say if the arrest was proper.
Pk, read this on Ohio’s MM classified offenses.
We do not follow Atwater.
This is how Ohio viewed it, even before Knowles.
*****This court previously held in State v. Barker (1978), 53 Ohio St.2d 135, 139, certiorari denied, 439 U.S. 913, as follows:
“The word arrest' is derived from the French arreter,’ meaning to stop or stay, as signifies a restraint of a person. Alter v. Paul (1955), 101 Ohio App. 139, 141. An arrest occurs when the following four requisite elements are involved: (1) An intent to arrest, (2) under a real or pretended authority, (3) accompanied by an actual or constructive seizure or detention of the person, and (4) which is so understood by the person arrested. State v. Terry (1966), 5 Ohio App.2d 122, 128, citing State v. Milam (1959), 108 Ohio App. 254, 268; * * *” Cf. Delaware v. Prouse (1979), 440 U.S. 648, 59 L. Ed. 2d 660; United States v. Robinson (1973), 414 U.S. 218; Adams v. Williams (1972), 407 U.S. 143; Terry v. Ohio (1968), 392 U.S. 1; Toledo v. Lowenberg (1955), 99 Ohio App. 165.
Furthermore, an arrest, in the technical, as well as the common sense, signifies the apprehension of an individual or the restraint of a person’s freedom in contemplation of the formal charging with a crime. United States v. Bonanno (S.D.N.Y. 1960), 180 F.Supp. 71; Patterson v. United States (C. A. 5, 1951), 192 F.2d 631, 633 (dictum), certiorari denied, 343 U.S. 951. See, also, 5 American Jurisprudence 2d 698, Arrest, Section 3; American Law Institute, Code of Criminal Procedure, Section 18.6****
*Accordingly, we reiterate our prior specific and unambiguous rejection of the concept that receipt of a traffic citation is the functional equivalent of an arrest. State v. Holbert (1974), 38 Ohio St.2d 113, 116-117.
I had to think of this in my head, but this case discusses whether Richardson was under arrest or was it just a Terry stop.
See par. 13 to start;
http://openjurist.org/949/f2d/851/united-states-v-richardson