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To: RightFighter
Oops, he was being detained, not arrested. Doesn't change a thing. Lessons learned, don't act like an ass and think you can bully way out of a ticket. When a cop tells you to put your hands behind your back and instead, your stupid enough to jam your hands in your pockets and head for the car, you deserve to hit the ground hard. At that point, it wasn't known if he was armed and he sure as hell wasn't interested in being civil. This Massey guy is a total clown. 68 in a 40 and he's baffled as to why he's pulled over. 15 over is chargeable as reckless driving, and that's an arrestable offense.
90 posted on 11/22/2007 7:53:48 PM PST by Excuse_My_Bellicosity (Oh, the huge manatee!!!)
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To: Excuse_My_Bellicosity; 5Madman2
Oops, he was being detained, not arrested.

Referencing again 5Madman2 in 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.

If 5Madman2 (himself an officer) has it it right, the subject was under arrest as soon as he was pulled over.

94 posted on 11/22/2007 8:41:36 PM PST by secretagent
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