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Old June 9, 2012, 12:21 PM   #56
Mello2u
Senior Member
 
Join Date: February 21, 2009
Location: Georgia
Posts: 1,424
I was taught in law school that every traffic stop is an arrest; a non-custodial arrest.

Every stop by law enforcement where a person is not free to go is an arrest.

However, there is no arrest where there is no restraint, and the restraint must be under real or pretended legal authority.

Whether someone is arrested turns on whether a reasonable person under these circumstances would believe he or she was restrained or free to go.
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"When plunder becomes a way of life for a group of men living together in society,
they create for themselves in the course of time a legal system that authorizes it and a moral code that justifies it.
" Frederic Bastiat
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