Legal Question in Juvenile Dependency in California
One of our students (15 yr-old) who was at a food market late one morning was contacted by an officer who informed him that he was violating the daytime curfew. The officer told him to get in the patrol car and then drove him to his school where he left him with the principal.
Every time I discuss this incident with the local police I refer to the "student who was arrested over at the food market" and each officer has corrected me by saying that "...your student was NOT arrested." They've implied that he was "detained", or "in protective custody", etc...and gave the primary reason for that distinction as the fact he wasn't ultimately cited for the violation.
Everything I read about the differences between "detainment" and "arrest" seem to point to this being an example of an "arrest".
Am I missing something? Who is wrong here?
1 Answer from Attorneys
Teach your child not to get in police cars unless he's under arrest.
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