Arrest, Search, Seizure, Warrant Where you ever arrested? Question on license application

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Sharonda

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Texas
Accused of shoplifting on a military installation in Texas earlier this year. I was handcuffed and taken to the MP station by a MP where I was processed, fingerprinted, provided DNA and was released. Will graduate next month and am currently submitting paperwork for a state license with the Texas Medical Board. My question is, is this considered as an arrest? If so, I realize that I must report it. I just wanted to know if it is considered as an arrest or detainment? I was not taken to a civilian jail nor have I appeared before a judge. I was not given a citation to appear before a judge, no conviction.

Thank you
 
Sharonda said:
I was handcuffed and taken to the MP station by a MP where I was processed, fingerprinted, provided DNA
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Arrest is the apprehending or detaining of a person in order to answer for an alleged or suspected crime.

You were arrested.

How you answer the question is up to you but I suggest answering yes with an explanation. But first it would be a good idea to locate the case file and find out what the official disposition of the arrest was, not what you think it was.
 
Sharonda said:
Accused of shoplifting on a military installation in Texas earlier this year. I was handcuffed and taken to the MP station by a MP where I was processed, fingerprinted, provided DNA and was released. Will graduate next month and am currently submitting paperwork for a state license with the Texas Medical Board. My question is, is this considered as an arrest? If so, I realize that I must report it. I just wanted to know if it is considered as an arrest or detainment? I was not taken to a civilian jail nor have I appeared before a judge. I was not given a citation to appear before a judge, no conviction.

Thank you
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Were you serving in the military at the time of your arrest?

If you were, your arrest under the UCMJ wouldn't be considered an arrest in the sense of a civilian arrest.

If you were detained by the MPs, as a civilian dependent, it wasn't LEGALLY an arrest.

MPs can't arrest civilians.

MPs can only detain civilians for the sworn DoD Police Officers to decide what is to be done with a civilian detained by the military authorities.

If the matter was never referred to the Assistant US Attorney, it was disposed of civilly.

In the latter case, you can safely say you haven't been arrested, IF that is the only NEAR ARREST you suffered.
 
I was not serving in the military at the time of my arrest. I needed some advice on how to answer the arrest question based on this incident. A fingerprint background check is required when applying for a license. I don't know if it was ever referred to the Assistant US Attorney. This happened more than six months ago.
 
Sharonda said:
I was not serving in the military at the time of my arrest. I needed some advice on how to answer the arrest question based on this incident. I don't know if it was ever referred to the Assistant US Attorney. This happened more than six months ago.
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At the time, what was your status while on the military installation?
 
One more question, I know you said I can answer that i was not arrested, but my question is will the arrest/detainment incident show up on the FBI's fingerprint background? I guess that should have been the question I asked.

Thank you
 
Sharonda said:
One more question, I know you said I can answer that i was not arrested, but my question is will the arrest/detainment incident show up on the FBI's fingerprint background? I guess that should have been the question I asked.

Thank you
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It's very hard to know for sure.

Legally, the military police can ONLY arrest military personnel on active duty,or reservists, guardsmen on weekend or active duty.

The DoD police can arrest anyone, as they are sworn federal law enforcement agents.

You weren't arrested, based on your responses, I'd say the fingerprint cards and mugshot weren't submitted to the FBI.

Most likely they were retained locally for AAFES purposes.


If ALL of that's true, you probably can take your chances and answer NO.

What have you got lose at this point? NOTHING.

Take your best shot, and see.

You can pay about $25 and check yourself out on

www.publicdata.com

Or one of the other online records check services, such as:

www.spokeo.com
 
I will take your advice and do the background check on myself. That way I won't run into the possibility of having my license denied because I wasn't honest. Thank you
 
I am going through something similar and was wondering how your endeavor turned out? Did you ever receive a court summons and did anything show up on your fingerprints/background check? Thanks!
 
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