He was arrested by US Marshals, not the state (or local) police.
That's why he's still alive. The marshals aren't chickensh*t cowards, unlike unnamed "others"...
They're the "inconvenient" witnesses I wrote about earlier. Raylan Givens lives. I think Raylan would have popped him in the nose, too. US Marshals don't do the boots thingee, for the most part.