TEXAS CRIMINAL DEFENSE; WHAT IS THE DIFFERENCE BETWEEN BEING DETAINED AND ARRESTED

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Why is the difference important? The Fourth Amendment of the United States Constitution reads: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Once a person in has been arrested their IV Amendment rights must be protected. You are under arrest when a police officer takes you into custody and deprives you of your freedom. The Supreme Court has held that a person’s Fourth Amendment right does apply during a Terry Stop. In this stop a police officer may detain a suspect and conduct a light search of their body to check for weapons. In this situation, the Court has held that the suspect is being detained and not necessarily arrested. There is a fine line between being detained and arrested. If you question any violation of your Fourth Amendment Rights, make sure you talk to a n experienced legal professional to understand your rights. Daniel L. Morris, The Morris Firm, (214)357-1782, info@themorrisfirm.net

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