Nashville Arrest
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Sometimes I am asked what the difference is between a police encounter and an arrest?
First lets start with an arrest, the standard is measured by an objective standard meaning, not what the police thought, but what an ordinary person would think. So the question becomes would an ordinary person feel free to leave and not stay and converse with the police officer? That becomes the test used to determine if you are under arrest, and with all criminal cases your facts mingled with the law determine the outcome for your question of arrest.
The most common question I have posed to me is, Can a police officer come up and talk to me? and the answer is yes, there is nothing prohibiting an officer from approaching you and engaging in conversation. The question again becomes, are you free to leave, would a reasonable person feel free to leave when the officer is asking you questions?
However, one should remember that a police officer may in a case such as a DUI, after the automobile stop talk with the defendant, if the officer smells an odor of alcohol upon the person’s breath he may briefly detain the defendant for further investigation. The same could hold true for an officer approaching someone on the street to talk with them, and noticing contraband in their hand, that would be a justifiable reason to briefly detain the person, after a legal encounter.
Like most of criminal law, the facts are very important to each person’s case. If you need assistance in your case, please feel free to phone my law office at (615)308-2633.
