Arrest or Detention?

[FNG]

In 1991 I was picked up on suspicion of GTA (Grand Theft Auto) in California. Thankfully things were cleared up and I was released due to "insufficient grounds."

I now reside in Arizona and I am in the process of filling out an application for the sherriff (not for a job but another matter). The application requires me to answer the question, "Have you ever been arrested?" Now, from what I understad of Ca's penal code 849, I should answer "No." The wording of the code states, "Shall no longer be deemed an arrest but a detention." Am I correct? Thanks.

[CdwJava]

If you were released pursuant to PC 849, there should be a written record of that release. If your criminal history does not indicate that the rease was a detention only, but instead indicates something like, "dismissed - FOJ" (dismissed in the furtherance of justice), then you were arrested.

Were you booked? Did you stay in jail? Were you simply detained in the field and maybe at the station until released?

The answer to those questions may well determine whether you were arrested or not.

- Carl

[FNG]

Originally Posted by CdwJava

If you were released pursuant to PC 849, there should be a written record of that release. If your criminal history does not indicate that the rease was a detention only, but instead indicates something like, "dismissed - FOJ" (dismissed in the furtherance of justice), then you were arrested.

Were you booked? Did you stay in jail? Were you simply detained in the field and maybe at the station until released?

The answer to those questions may well determine whether you were arrested or not.

- Carl

The record reads "Detained/Released due to insufficient grounds." Also, there was never a complaint filed, no charges filed, never went before a magistrate.

[CdwJava]

Originally Posted by FNG

The record reads "Detained/Released due to insufficient grounds." Also, there was never a complaint filed, no charges filed, never went before a magistrate.

Sounds like it was a detention ... but, what record are you reading? How long were you in custody?

Depending on what the application is for, you might consider attaching an explanation along with any exonerating paperwork. Better to say, "I don't think so, but here's the whole story ..." then to say "No" and have them think you a liar if they don't read it the same way as you do when they find out about it.

- Carl

[FNG]

Originally Posted by CdwJava

Sounds like it was a detention ... but, what record are you reading? How long were you in custody?

Depending on what the application is for, you might consider attaching an explanation along with any exonerating paperwork. Better to say, "I don't think so, but here's the whole story ..." then to say "No" and have them think you a liar if they don't read it the same way as you do when they find out about it.

- Carl

I spoke with a fellow in the records division of the agency I had contact with. He also assured me that he would make sure that NCIC had it straight in their records. This was four years ago when I was applying for my CCW here in AZ. That went through without a hitch. Of course, we are a shall issue state. Oh, I was cuffed, stuffed, fingerprinted, photographed, cavity searched, and held for 48 hours. It was a ****ty experience, and I still despise the girl who put me through it. Of course it was an unhealthy relationship that I should have left by that point. Hell hath no fury like a woman scorned.