Whether you are under arrest in DC
What we get asked as criminal defense attorneys is, "Am I under arrest?" I mean, let's face it you're pulled over for a traffic infraction, "Am I under arrest?" Hi, my name is Mark Rollins I'm a criminal defense attorney here in Washington, D.C., also practice in the state of Maryland. Come join me while we talk about some great information about whether you're under arrest.
You're driving down the road, flashing lights appear behind you, the police have initiated their siren and lights. You pull your car over, you've been stopped by the police, that is what we call a stop.
It can be difficult to distinguish between an arrest and a stop. Now an arrest requires the police to have probable cause. Probable cause is defined by a likely chance that the person has committed criminal conduct. The standard for establishing whether criminal conduct has occurred is very low.
A stop by the police only requires a reasonable suspicion. It is without question that both are seizures by the police. An arrest is clearly more intrusive than a stop.
When a police officer makes a stop it is only a temporary intrusion into one’s liberty, until leave. It is usually short in duration. For example, most automobile offenses are just stops. The officer writes the ticket for the traffic offense that he sees occurs. The officer may ask some preliminary questions such as, a request for identification or a request for vehicle registration, that is just a stop. However, unless there is some other criminal activity, he should only issue the ticket and let you leave. Remember some traffic offenses such as reckless driving that occur in front of the officer may be subject to an arrest. The officer may arrest you immediately for those types of offenses.
Now an arrest on the other hand by the police has already been established, and we sort of said that you have to have probable cause. Some of the factors to consider whether you're under arrest and not merely stopped is whether you were forced to a different location for the investigation purposes so that's the first. Second, whether the detention has been for a long period of time. Two, whether the use of handguns or handcuffs during the detention period. Lastly, whether you've been placed into a police car. Clearly, if you've been placed into a police car you're under arrest.
If you're pulled over for a traffic offense and the officer smells marijuana, the officer may arrest you because the smell of marijuana is emanating from your vehicle. Now, marijuana is illegal in most states, and therefore, the officer would have probable cause to arrest you.
Remember the next time you are pulled over, answer the officer’s basic questions that he may ask during the stop, but you're not under arrest unless the officer establishes probable cause during that traffic stop; that you committed some criminal offense in his presence.
