When you get a speeding ticket do they routinely sieze your vehicle? Ah, you forgot, "He and Dore were detained for about 3 1/2 hours, and some belongings were seized, Simcox said. Those belongings included a scanner, two two-way radios, his camera, a cell phone and his pistol".
Why would they do this without an arrest? And do you really feel that this ranger just happened to be hiding in the bushes was all just an accident?
And that incident met the description of an arrest.
You are told you are under arrest.
Wrong. I've been legally "arrested" without ever being told it explicitly. If the officer says you can't leave of your own free will, or attempts to interfere with your efforts to do so, you're under arrest.
You are read your Miranda rights
Not always. Again, I've been "arrested" in the legal sense without getting Miranda'd.
You are searched and handcuffed.
The former of which happened in this case.
You are taken to the station and booked.
Not always.
If this doesn't happen you are not under arrest.
Please don't go into legal practice.
Being detained for awhile is not being under arrest.
Until the cop says you can go...you're legally under arrest.
And there have been cases of "false arrest" that have been prosecuted WRT a cop "detaining" someone without giving them their Miranda warnings or letting them go.
Being stopped for a traffic violation is not being under arrest.
Until the cop says you can go...you're legally under arrest.
Being given a ticket for that violation is not being under arrest.
Finally, you have said something correct. The act of writing a citation is, in itself, not an arrest.
WRONG. Only under the Super-Patriot Supreme Trailer Park Court rules, is your statement correct.
Any time a person is not free to leave, then they are arrested. This can be anything from a traffic stop all the way to the presenting of a written arrest warrant. Basically, if the officer lays a hand on the subject, that person is arrested.
They will try to drag "voluntary" cooperation out as long as possible, because ther are certain procedural clocks which begin running at the time of arrest. Basically, the drill is to not say anything except a request for your attorney.
OBTW, it has to be a real attorney, you know, the kind that went to a real law school and took a real bar exam, not one of these ramshackle-compound, gun club BSers.
Do they seize all your belongings for routine traffic violations?
Wrong-O, in the state that I reside they are exactly the same thing.