Arrest or not?

[WorriedNow]

Several years ago, my roommate was arrested; there was a search and arrest warrant with the roommate's name. I had just come home. The police had put me in handcuffs- I asked if I was under arrest, and the officers said no. However, I went to the police station and was questioned. I again asked if I was under arrest, and again, I was told no. Now that I have taken a criminal procedure class, it looks as though I was technically under arrest- Now, if I was under arrest, I did not disclose it yet to my school. However, I must. If I wasn't, then it doesn't matter.

I don't have an arrest record. However, I do need to know what if anything I should disclose. Please help. Thank you so much for your time.

[just joe]

The problem with CJ classes is that people take them and think they know the law. You were not arrested. You were at the scene of a warrant execution. You can be handcuffed. You can also be questioned. My guess is the questioning pertained to what you knew about your roommmate's activities and if you were involved, no?

[jannino]

I'd be worried too that you knew your roommate was dealing drugs and you did nothing about it... just be lucky all they did was cuff you

[eman2k5]

Arrest

Arrest + (cuffs or not)+ Questions = Miranda.

Your case

Cuffs+Question = investigation


Just becuase your being detained with cuffs doesnt mean you were arrested.


BTW if the officer's told you, that you were not under arrest why are you still asking ? Remember we were not there or the officer. Any answer you get is off of the info you gave. Really I think you answered you own question.

Is there something your not telling us ?

[2wheeldep]

Did the officers take you to the station and the following happened:

Did you empty out your pockets, remove your shoes, remove your socks n turn them inside out, remove your belt, take all of your property and have you sign a property reciept, ask you for an emergency contact phone number, finger print you, take your picture, offer you three phone calls, then finally let you go pee, last but not least offer you a peanut butter sandwich.


If anything of the above things listed did not happen, then NO! You were not arrested.

[jannino]

hmm... a sandwich... can you get them to add jelly?

[Oddball-Six]

..... then finally let you go pee, last but not least offer you a peanut butter sandwich.


If anything of the above things listed did not happen, then NO! You were not arrested.

Oh my gosh!

The local guys have been doing it wrong all this time!

[eman2k5]

Dont forget the milk and fruit, you dont want them to file a complaint about be starved do you ?

[deputy x 2]

You answered your own question.

No arrest...in case you're still trying to find out from all of us who WEREN'T there.

During a search warrant EVERYONE is handcuffed and detained until they are satisfied you aren't part of the "equation".

[hooknbook]

If you were handcuffed and TRANSPORTED against your will, then you were arrested. The basic definition of arrest is detention plus movement. If you went to the police station voluntarily, then you were NOT arrested. Your question states "I went to the police station", which leads me to believe you agreed to go? If that's the case, you were not arrested.

[StudChris]

There's really two ways to look at it. The courts term for arrest is like hooknbook says. If you're detained and can no longer decide to up and leave (with the exception of traffic stops and a few other things), you're "arrested".

However, the more normal definition that they're looking for is were you changed with a crime. That doesn't even necessarily mean a normal arrest where you're taken to jail and booked. If I stop someone for driving on a suspended license and give them a court date, and they get a ride home from someone else, they were still arrested... and I make sure to explain that to them.

[CruiserClass]

Detained is not the same as arrested. You were detained.

[WorriedNow]

Both my roommate and I were taken to the station. I was questioned. The whole ordeal was over in an hour. Though the police said that I was not under arrest, I was in cuffs. I couldn't exactly refuse to go the station. According to the text-book that's an arrest.

It's not my point. I have to disclose every legal issue to the bar, as I will be taking it soon.

I'm wondering if there is a legal issue here. Is the only document that one has on record when one is arrested, an arrest record? You can be arrested but not charged, right?

I'm wondering if I was under arrest, there was some sort of paperwork that says I was legally detained or arrested or something, or whether I am being silly.

If I am supposed to disclose it, then I will. I just don't think this fits as something I should disclose, which is why I posted to this forum. However, I want to be sure. And, well, there should be several police officers that have time to reply here. So, I thought I would post ask.

Thanks again for your time.

[WorriedNow]

Did the officers take you to the station and the following happened:

Did you empty out your pockets, remove your shoes, remove your socks n turn them inside out, remove your belt, take all of your property and have you sign a property reciept, ask you for an emergency contact phone number, finger print you, take your picture, offer you three phone calls, then finally let you go pee, last but not least offer you a peanut butter sandwich.


If anything of the above things listed did not happen, then NO! You were not arrested.

Okay, so then what was I?

[WorriedNow]

I don't believe they took the cuffs off me when I went to the station, but I do believe they asked. I also remember the officer who told me I was not under arrest saying that the officers merely wanted to ask some questions. So, where does that leave me?