To a point. At some point, it becomes, “Arrest me, cite me, or let me go.”
He was not arrested, he was being detained. Here’s what a LEO wrote when asked the difference between detention and arrest from http://www.realpolice.net/forums/ask-cop-112/81879-detained-vs-arrested.html:
Detentions are shorter in duration and scope than arrest, and require a lower burden of proof.
If I have Reasonable Suspicion that a crime has or is about to occur, and reasonably believe that a person may have information about this, I can detain them for a short period of time to investigate the matter. As part of my investigation, I can conduct a pat down for weapons (if I reasonably believe that they may be present) and seek information to determine exactly what is, has, or will happen. The timeframe can vary a bit due to each set of circumstances, but 20 minutes or so has been ruled to be a reasonable timeframe for detaining someone.
If I have Probable Cause to believe a specific person has committed a crime, I can arrest that person. At that point, I can conduct a complete search of their person for weapons, evidence, and contraband, as well as their vehcile if they are or have been near it recently. I can remove them from the scene and hold them (in jail) for 24 hours or until I get a warrant issued for the charges.
If anyone resists an arrest or detention, I am authorized to use force to apprehend them (in addition, resisting an arrest or detention is a crime, so resisting immediately gives me probable cause to make an arrest).
Normally I don’t have to use any “meaningful” physical force to restrain someone I am detaining or arresting. Most people cooperate on their own.
A person can usually tell (with me) because I’ll tell them when they are under arrest. If a case arises when I handcuff someone who is merely detained, I will tell them, “You’re not under arrest at this time; you are being detained while I investigate what’s going on.”
And that’s exactly what he was saying at the end. she could do any of those three things without needing to hear from her “base” commander.
Actually the guy pretty much followed the script the ACLU has people go through when you’re stopped by a LEO. Especially one who is fishing for something to get you on.
Asking those questions - am I under arrest? Am I being detained? Why am I being detained? Am I free to go now? - are not just to harass the officer, it is to know what specifically is going on and whether you can leave, or why you cannot.