“No. Maybe an Obama appointed judge would agree with you, but the overwhelming majority of judges, including the USSC would disagree with that.”
I am not clear about your position. Are you saying that someone who is placed in handcuffs against their will, is not under arrest?
Could you please explain that a bit further?
I'm explaining it the way judges look at it. If you are handcuffed, you are under arrest for purposes of the Miranda warning, and statements given without that warning can be suppressed. However, if the police decide at some point that you are not going to booked you will be released and you have only been detained. The overwhelming number of lawsuits claiming "false arrest" will fail because someone has been handcuffed. Trust me on that.