lansbury

That is an arguable point. If you are told you are not free to go that is an arrest. As far as I know, as someone who allegedly detained people often under terrorist legislation, no-one has challenged the fact in a court but I can't see a court not saying that is an arrest. Once you have had the ability to decided for yourself to leave or not you have been arrested.

Matthew Udall

Hey, thank you for the laugh. Another attorney told me to look at this post, and he's right!!! You guys playing attorney are a lot of fun! :-)

fatbrit

In the US? I think not!

fatbrit

Er......the guy is looking to hire an attorney, not playing at being one. Let's hope you don't put him off.

dreamercon

For example, one may be detained when there is a court order to obtain a DNA sample. Or as Folinsky used to say, when the police stops you to give you a ticket, you are detained - you are not free to go until you sign the ticket and allowed to leave, and you are detained even though you are not arrested. There are many more cases.

fatbrit

I'd call that seizure rather than detention. But it only available in very limited circumstances. The other common one as we're on the topic of immigration is at a port of entry.

alan321

allright thank you all for your help.
I went to see a lawyer and he phoned the police and they said that according to their computers my son wasn't detained rather was there voluntarily, and that he doesn't have a criminal record and that apart from the police no one will ever know about it and even the police will have to delete it once my son turns 18. now as he wasn't an immigration lawyer can anyone tell me if that changes anything immigration wise?

lansbury

Glad you find someones problems amusing. A pity that between two attorneys you couldn't come up with an intelligent and useful response that helped the OP.

lansbury

If voluntary attendance there is similar to voluntary attendance under PACE in the England/Wales then I believe it makes a big difference and he can answer no to all the question on the back on the I-94W. So he could use the VWP.

I would not have any qualms myself in using the VWP in the circumstances you describe but perhaps one of the lawyers might want to give a useful response to confirm or deny if this is sensible.

alan321

First of all thank you for your help.
Can anyone confirm what he said? as we are really worried about this.