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

So someone filling out a questionaire which asks about prior arrests - and who has been pulled over sometime in the past - should answer "yes"?

98 posted on 11/22/2007 9:51:12 PM PST by Ken H
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