Will you post the appropriate court ruling? A couple hundred thousand police officers and lawsuit happy lawyers would like to know about it.
"If you cannot be arrested indefinitely without being charged, then neither can you be detained indefinitely without being “arrested”."
Both are correct. The circumstances of each individual case will determine when it has been excessive.
"they simply treat everyone they encounter as a known felon "
I didn't do my job that way. But that was just me.
I can provide a long list of court decisions that have violated the Constitution, so I don't much care about precedent when it comes to my natural rights.
I can see the purpose in arresting someone on the suspicion that they have committed a crime, and then waiting a short time for formal charges to be filed. That is Constitutional.
Forcibly restraining someone is an arrest. There is no reason to create a new status of pre-arrest detention, unless it is to allow an arrest without even the hint of a crime having been committed.
Yes, I've got big issues with a cop that wants to cuff me, so that they can go think about what theyight be able to arrest me for. Perhaps the new norm will be to cuff everone in a traffic stop, until the cars black box is reviewed for possible violations.
If you were/are a cop, you should be more concerned than me about this, because when everyone starts thinking of cops as the enemy, they really will have a dangerous job.
I was raised to think highly of the police. I've never been arrested. Over the last 25 years most every encounter I've had with the police, from reporting crimes to being cut off in traffic has demonstrated a hostile or demeaning attitude toward me and others. I even got a lecture once, while in Naval Officer uniform, about "just being a civilian (unlike the cop)". What am I supposed to think?
I didn't do my job that way. But that was just me.
I wouldn't be so smug about that. If you are not part of the solution, you are (or were) part of the problem.