TexasCHLforum.com

WildBill wrote:

sjfcontrol wrote:I understand that an arrest, as it pertains to CHL applications and as the DPS defines it, requires that pictures and fingerprints be taken. if that didn't happen, they don't consider it an arrest. This would exclude normal traffic stops.
This is not meant to contradict srothstein's statements.

The DPS can have it's own rules concerning CHL applications, but IMO, DPS definitions are not the letter of the law.

WildBill wrote:

Scott in Houston wrote:

johnson0317 wrote:Scott,

I have read on here, from LEOs, that a simple traffic stop is considered an arrest. Perhaps the definition of "arrest" could be clarified by someone?

RJ

Interesting... Good point and question...

As I understood it, a traffic stop is definitely being 'detained'. I guess I can see where it would be an "arrest" in order to ensure you provide your proper Drivers License and paperwork. Otherwise, under the law, you don't have to show those things when being only detained (not arrested), so at a traffic stop, you wouldn't have to give your drivers license, etc... That wouldn't work, right?
I guess it's a form of arrest, but I'd like to hear from someone of authority... either an LEO or an attorney.

This question has been asked many times and I don't know there has been a clear-cut definition of arrest. I don't think the penal code has a definition.

If a traffic stop was an arrest, then you would have to list it on your CHL application. I believe that you have to be fingerprinted and booked to be an "official arrest" but don't know where the line is drawn. But IANAL or LEO.