This blog by Darren Chaker notes several state cases decided in support to seal a Texas ticket. Simply put, whenever a person has been stopped and cited warrants an arrested took place. Atwater v. City of Lago Vista, 533 U.S. 924,121 S. Ct. 2540.” The few months since this case was filed has not changed Supreme Court law. A traffic ticket is an “arrest” in federal parlance. See Whren v. United States, 517 U.S. 806, 116 S.Ct. 1769, 135 L.Ed project management collaboration tools.2d 89 (1996); United States v. Childs, 277 F.3d 947 (7th Cir.2002) (en banc). Cf. California v. Hodari D., 499 U.S. 621, 111 S.Ct. 1547, 113 L.Ed.2d 690 (1991).
The United States Court of Appeals for the Seventh Circuit considered it in United States v. Morgan, 354 F.3d 621 (7th Cir. 2003). As the Seventh Circuit recognized, a person who receives a traffic citation is “halted and prevented from leaving until the officer release[s] him.” 354 F.3d at 623. It is well established that an arrest takes place when a reasonable person would not feel free to leave, even if that person is never taken to jail. United States v. Drayton, 536 U.S. 194, 201 (2002); Terry v. Ohio, 392 U.S. 1, 19 (1968). Here, being pulled over, and not being free to leave until the officer or deputy issued the citation and arrestee promised to appear or faced with physical custody has all the hallmarks of an arrest. As such, having handcuffs and spending the night in jail is purely semantics since an arrest need not be followed by physical custody in jail. Regardless if the citation is for speeding in Houston or running a red light in Dallas, it is important to have any former tickets sealed to prevent disclosing an arrest took place on job or license applications.