And what justification did the officer have for that order. The officer was totally out of line. Oh, I'm sure he will say he had suspicion, of what? Stupid improper use of authority. I'm afraid that we are creating a officer mentality that we get from the TV. Real life is different than the slap around cop mentality. Instead of internal investigators of the police department, we need a totally civilian over seeing of the police.
The citizen was under arrest, according to 5Madman2, post #71:
Technically, when the subject was pulled over he was under arrest-a traffic stop is considered a non-custodial arrest by the courts. Once he refused to sign the citation, he was technically telling the cop that he wanted to see a judge right now.
Once the cop started giving commands, he was taking the subjects liberty, leading to a formal custodial arrest. Custodial arrest involves contact and physically taking custody, hence the “Put your hands behind the back” As the cuffs are applied, the suspect is told they are under arrest under most states laws and procedures.
I too would have preferred that the officer announce the arrest, since the citizen may not have known that he was already under arrest.
You remarked:
The officer was totally out of line. Oh, I'm sure he will say he had suspicion, of what?
Not a suspicion, but the citizen's clear refusal to sign the ticket. The officer had the authority to then proceed to "custodial arrest", it sounds like.
The citizen may not have known that, though, and thought he was in the right, legally.