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To: C210N

Right. Of course the quote refers to the person being cuffed as “an arrestee.” Which was pretty much my point.

I assume they can be unarrested quickly as the situation is figured out.

As I understand it, if I’m being detained I am by definition under arrest. If that’s wrong I’d apprecite being straightened out.


55 posted on 05/20/2015 11:14:58 AM PDT by Sherman Logan
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To: Sherman Logan
More details found in the link below. It adds a time factor... if an outnumbered officer puts the parties in cuffs for a *short* period to sort things out.

Just because an officer places you in handcuffs doesn't mean you are under arrest. However, unless he or she tells you that you are under arrest, the officer should have an objectively reasonable justification for handcuffing you and putting you in the car. Some examples might be there is only one of them and two or three of you, so there is a legitimate safety concern. Or, in the case of an assault, the responding officers may handcuff and place both parties in different cars for their own safety while they sort things out. But, this detention can only last as long as is necessary for the officers to figure out what is going on. After that, they need to arrest one or both of you, issue one or both of you citations, let one or both of you go, or some combination. You can't be handcuffed and placed in the back of a car just for convenience.

A good officer will generally tell you "You're not under arrest, but I'm going to handcuff you for my safety/your safety/both of our safety," or something, unless the situation is just moving too fast for that. But if it's moving that fast, you should have a pretty good idea why you wound up in the back of the car in the first place.

57 posted on 05/20/2015 11:23:10 AM PDT by C210N (When people fear government there is tyranny; when government fears people there is liberty)
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