Charles David Thompson

Attorney at Law

ARE YOU UNDER ARREST?

February 18, 2013 By Charles Thompson

It is important in a criminal case to determine when some is “arrested” because certain important constitutional rights attach at the point. So, I am always entertained at what lengths the Courts of Appeals will go to so that citizens are not afforded those rights.

If you were ordered to lie in a prone position while being handcuffed are you under arrest in Texas?

In Jenson v. State, No. 02-10-00449-CR (Tex.App.–Forth Worth Feb. 16, 2012) you are just detained – not under arrest.

If you are under age and a police officer tells you that you cannot leave, are you under arrest in Texas?

In re C.M., No. 05-10-01264-CR (Tex. App.–Waco Feb 22, 2012) you are not under arrest.

Filed Under: Police

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