Prosecutor: Account that he, police chief opted not to arrest Martin's shooter a 'lie'

CNN ^ | April 2, 2012 | CNN Wire Staff

[Cboldt]

-- According to this florida Attorney, he was. --

Zimmerman might be able to try to assert he was under arrest, if he is arrested - but I suspect words were exchanged to the effect of, "you are not under arrest." The official legal position of the PD and town is that Zimmerman was not under arrest.

That said, I also agree with the cite you provided, that it is possible to be under arrest even though the words aren't said. The weasel word is "significantly," as it modifies "derive you of you [liberty]." Plenty of case law, if it mattered.

[moehoward]

Yes. That link goes on to say other qualifying factors are removing the suspect from the immediate area, and retaining personal property. Both happened.

Now I have no doubt at all the SPD would say he was never under arrest.
An iffy arrest could expose the municipality to possible litigation down the road. And I’m sure Zimmerman likewise would rather claim he was not under arrest, for obvious reasons.