Technically, they had Zimmerman in custody, but I think it was voluntary on his part, so he was not technically under arrest. Doesn't change the results any, just changes the terminology from "the question was whether to release him" to "the question was whether to detain (arrest) him."
I believe the police have the authority to arrest - I'm near certain of it. But in order to do so, they must have probable cause. Arrest without probable cause opens them up to suit.
I am also of the impression that, arrest and detain, or not, it would be routine to forward the report to Wolfinger's office for a decision on whether or not to press charges. IOW, that communication takes place no matter what.
Asked to confirm that the police recommended a manslaughter charge, special prosecutor Angela Corey said: "I don't know about that, but as far as the process I can tell you that the police went to the state attorney with a capias request, meaning: "We're through with our investigation and here it is for you." The state attorney impaneled a grand jury, but before anything else could be done, the governor stepped in and asked us to pick it up in mid-stream."A capias is a request for charges to be filed.
The Seminole County State Attorney's Office declined to comment on whether its prosecutors ever recommended against filing charges.
So, from that, I gather that the routine request for charges, plus arranging time before a grand jury, that was done - even though Zimmerman had not been placed under arrest and held in custody pending the outcome of the grand jury's action.
I don’t think they put the handcuffs on unless you’re under arrest. At any rate, it will be real interesting to see where this leads. Hopefully not to a riot, but I think it may... That’s what Sharpton wants, I think.