Question Regarding "Detained"

[silversurfer2016 0]

Hello!

I have a question and need some help. Thanks in advance for your advice.

I am going to apply for Citizenship this coming october.

In 2008, I was going to a movie with 3 friends. On the way near the theater, I took a U-turn opposite to a home and proceeded to theatre. I saw couple of people standing outside the home (near to where I took the U-turn). They stopped talking and looked at us as we went by. Quickly one of them jumped into a car and followed us to the theatre nearby.

When we parked, the lady who followed us tried to chat with us and asked if we know anything about a theft that happened in her home. We told her we are new to the area and just coming to see a movie. She said that its her daughter home and someone stole her computer. (I have no clue why she followed and suspected a random car going in the street... probably we are 4 brown guys? )

We felt bad for her, sympathized and moved on to buy tickets.

After the movie, when we came out and started the car - a police car came and stopped us. They where very polite and asked the same question "Do you know anything about the theft that happened nearby".

I told the officer, a lady came and spoke to us about it. The officer was surprised when I said a lady had come and already talked to us about it. He didn't know that lady already met and talked to us.

They got our ID's to check, and asked us to sit in the police car while they checked our car trunk. Since its a rented car, I gave all the documents etc. They were also meanwhile having a friendly conversation. I told them that we are working in IT tech sector for a well known corporate... and came to see a movie etc etc.

They then apologized that they had to do this check, let us go and went on their way. It all took around 5-8mnts or so only.

Question - Will this be considered "Detained"?

I am wondering if I can attach a paper along with my application just to let USICS know that such an incident happened.

Your advice appreciated much

Thanks!

[enxhi96 34]

Unless you were arrested you weren't detained and have no reason to mention it.

[Cheezees 1,514]

No. You were questioned with regards to a theft nearby, voluntarily waited in a police car for your IDs tho checked, and were free to go after the check.

While many people get paranoid when they see cars filled with brown or black people, I think something else (or in addition) was at play here. Maybe seeing a group of men take a U-turn in front of the house made her think you drove by the scene of your crime and took an abrupt turn when you saw people gathered there. Many criminals revisit from a distance the scene of the crime and get spooked and leave. It may have been an unfortunate coincidence or racial paranoia, or both. But you are in the clear!

[liefde_overzee 36]

Actually, you can be detained without it resulting in an arrest. Detainment means an officer had suspicion enough to question you, typically you aren't free to go unless instructed by the officer you may. Did the officer collect your information? Did he ever say you are being detained? I don't feel that would show on a background check. And I'm not even sure if this counts as a detainment since it seems he just asked a few questions and sent you on your way.

I'm curious to see what other's opinions are.

Edited August 11, 2016 by liefde_overzee

[Hypnos 6,576]

Unless you were arrested you weren't detained and have no reason to mention it.

This is not true.

Being arrested and being detained is not the same thing.

It sounds as if the OP was detained (they put him in the back of a police car), but it's not certain. I would either seek more information from the police, or answer Yes to the question and explain at the interview. It's not like it will prevent the N-400 from being approved.

[enxhi96 34]

This is not true.

Being arrested and being detained is not the same thing.

It sounds as if the OP was detained (they put him in the back of a police car), but it's not certain. I would either seek more information from the police, or answer Yes to the question and explain at the interview. It's not like it will prevent the N-400 from being approved.

You're right, no they're not the same but being detained and then let go doesn't show up on any of your records, so I think it is irrelevant to mention unless you were held in custody or arrested and have reason to explain yourself.

[Hypnos 6,576]

Again, you are wrong. You are obligated by law (and sign the forms under penalty of perjury) that the information you give is correct to your best knowledge. If you knew you were detained, you are obligated to answer Yes, regardless of whether you personally consider it "irrelevant".

Edited August 11, 2016 by Hypnos

[BebaJP80 1]

I think on the new version of the N-400 form comes with the Detained but not arrested question.

To be fair, when I filled the formed the question was formulated like: have you being, arrested, detained by law enforcement... and that can trigger confusion.

I got a speed ticket, went to court, paid fine and that was it.

As long as the cop doesn't give you a ticket, just a warning... there is nothing to worry about it.

Immigration is more concerned if you were arrested... like robbery, kidnapping, terrorism, etc.

[TBoneTX 45,305]

The best, and only, way to clarify detainment is to say, "Officer, I wish to leave now. Am I being detained, or am I free to go?"

And never, EVER consent to a search!!!!!

See here:

And here:

http://www.aclu.org/files/kyr/kyr_english.pdf

Edited August 12, 2016 by TBoneTX

[Cyberfx1024 7,980]

The best, and only, way to clarify detainment is to say, "Officer, I wish to leave now. Am I being detained, or am I free to go?"

And never, EVER consent to a search!!!!!

See here:

And here:

http://www.aclu.org/files/kyr/kyr_english.pdf

Of course the ACLU post would say do not consent to search for anything. But in reality if you have nothing to hide then why not consent? It makes it better for you in the short and long run to be cooperative with the police instead of argumentative.

[Hypnos 6,576]

Using your constitutional rights is not being "argumentative".

You have nothing to gain by voluntarily consenting to a search.

The 4th Amendment isn't just something that exists on paper.

[TBoneTX 45,305]

"I'm sorry, Officer, but I never consent to searches or answer personal questions. I wish to leave now. Am I free to go?"