This is regarding the statutory question "have you ever been detained, incarcerated, or put in jail?"
I was pulled over by a police officer and given a written citation for "inattentive driving" (a minor criminal misdemeanor in Idaho) and a summons to appear in court. Since I was an out-of-state driver, I also paid a roadside cash bond of $300. I then went on my way.
The stop lasted for about 10-15 minutes, and nothing untoward or unusual happened during the stop. I just provided my license and credit card.
Does this count as being detained? I'm not sure what to answer to this question.
(If it's important, the charge was dismissed by the court without a trial or hearing. I will be answering Yes to the "have you been charged" question.)
You are being detained when the police stop you and give you reasons to believe you are legally obligated to stop and stay with them or comply with their requests or demands. The Canadian Charter of Rights and Freedoms protects you from being detained without a reason. If the police say you are not free to go, you’re being detained.
I'm confused because I was legally obligated to stop and comply with the officer's demands, which I did. I wasn't free to leave until I had. Aren't all traffic stops "detentions" by this definition?
