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9th Circuit Now Says that Traffic Stops Are Not Arrests

12/12/11

9th Circuit Now Says that Traffic Stops Are Not Arrests


9th Circuit Now Says that Traffic Stops Are Not Arrests

The Ninth Circuit U.S. Court of Appeals has ruled that a traffic stop cannot be counted as an arrest, reversing an earlier ruling. The court voted 10-1 that a traffic citation is not equal to a formal arrest. An arrest would be informing the suspect that he was under arrest and then taking the suspect to a jail or a police station. The ruling came as a result of the case U.S. v. Leal-Felix. Judge M. Margaret McKeown said that calling a traffic stop as an arrest defied our common experience and would have been a paradigmatic shift.

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