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JNMAR wrote:This may seem like a very elementary question. I'm not trying to be sarcastic or intentionally obtuse. I've seen a couple of comments in this thread stating, "unless you are detained or you can be detained until verification". I realize that one is under arrest if they've been handcuffed but honestly back in my younger days I don't ever remember being told that I was under arrest or being detained, etc.

So, regarding having to give your name, tell the truth, etc. how is one to tell that he/she is officially detained or is officially under arrest? Is a traffic stop being "detained"? Some of you who are in the know please enlighten me.

A traffic stop is "under arrest" until you are released, any offense but speeding can be jail time. Traffic stops require the driver to have ID though and is moot for this discussion. Passengers however do not have to produce ID and I have had several times the officer asked my passenger for ID. I have been asked for it as a passenger by DPS and I told them I wasnt carrying any. He looked at me like I was speaking martian or something but didnt press the issue. I had a seatbelt on so nothing for him to pursue. I would assume that being detained is tricky to define but you would know it if it were happening. Possibly if they were to "ask" you to stay for a while till they determine if you are the person they are looking for then it might be best to just sit to avoid actual arrest, booking, record, etc because you wanted to be obstinate. I dont agree with this angle at all but the real world isnt like TV where they just walk out of the room as the cops sit meekly by.

PC 38.02 covers the ID question. Basically you do not have to have ID unless an activity requires it, ie driving, carrying, etc. You do have to give your name and adddress if asked and can be detained until your identity is verified. I would see this in a situation where you fit a description they are looking for.