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To: Logical me; 5Madman2
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.

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.

80 posted on 11/22/2007 6:42:56 PM PST by secretagent
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To: secretagent

“The citizen may not have known that, though, and thought he was in the right, legally.”

Ever heard this phrase : “Ignorance of the law is no excuse.”?


115 posted on 11/22/2007 10:41:09 PM PST by UCANSEE2 (- Attention all planets of the solar Federation--Secret plan codeword: Banana)
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