you assumed correctly
What witnesses think they see from a distance is often not what really happened. Since the police admit no crime was committed I’ll go with the they had no right to detain her argument.
Yes she is a bit of a drama queen seeing racism under every bush. But we don’t make personality faults a reason for suspending or ignoring the constitutional protections and rights a person enjoys in this country.
Here’s the thing unless you hear the officer say (for example) “We are detaining you for disturbing the peace.” You are free to go. You should of course make that clear by asking the police whether you are free to go. Another example would be “We are detaining you on suspicion of burglary.” The idea being they have to give you the reason you are being detained and that reason has to be that they have probable cause or reasonable suspicion you have committed a crime.
If they do not make it clear you are being detained because they believe you have violated the law you may walk away. You can say, “Officer I am leaving now since I have done nothing illegal and have not been accused of doing anything illegal.”
You don’t even have to give your name in “stop and identify states” unless you are suspected of criminal activity. So when asked you are free to ask “Why do you need that informaton? Have I violated any laws?”
You have a reasonable expectation to go about your daily business without fearing harassment by the police. Being put in cuffs for the “crime” of not obeying a request (not a legal order) of the police certainly scraps that expectation.
The cops had audio recording
She was not telling the truth
http://www.tmz.com/2014/09/15/django-actress-daniele-watts-lapd-race-card-fame-audio/
The “Django Unchained” actress who claimed she was harassed and hurt by cops after making out with her boyfriend was actually having sex in her car according to witnesses ... then went on a rant with cops accusing them of racism and not knowing who she was ... according to police audio obtained by TMZ.
Daniele Watts had just left CBS studios in the San Fernando Valley around 2 PM Thursday. She says she was making out with her BF, but we’ve learned witnesses from the nearby Art Directors Guild office building told cops they were watching her and her BF have full-on sex in the passenger seat WITH THE DOOR OPEN!
Read more: http://www.tmz.com/2014/09/15/django-actress-daniele-watts-lapd-race-card-fame-audio/#ixzz3DQufYskM