Other Criminal Charges & Offenses Is being handcuffed considered"arrested"?

[styles]

Nutshell

Parked ,officer pulls car in back of me blocking me in,walks up asks for liscense.Directly upon looking at liscense demands me to get out of vehicle.
Get patted down and handcuffed for 15m while he rifled thru the car.For nothing more than his suspiscions.

When does it go from detainment to arrest?

Thanks forum gurus
Bare w/me I just have alot of questions and dont want to drive my attorney
up the wall.

 

[army judge]

Are you on parole or probation?

Were you asked by the cop to search your car?

Yes, you can be handcuffed, but are usually advised that you are not under arrest.

You are then informed that you are simply being detained while the situation is assessed by the officer.

What happened after the search?


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[styles]

No parole,no suspended liscense,no probation,

He tore thru the car 15m then called backup,when they came,he ran the K9 thru the car and allegedly found a small amount of verry old crusty waterlogged illegal substance somewhere under one of the seats. Then I was brought to booking.

He did not ask to search.

He barked at me demanding me out of the car.
Then asked if anything is in the car.
I asked him,whats the problem,why am I being detained. He said my story sounded fishy.
He asked if anything was in the car ,while he was tearing thru it.
I asked like what?
Anything illegal??
I said no.
I dont understand why your tearing thru my car and have me handcuffed,why am I being detained?Why am I handcuffed?
Because your making me nervous.He said

 

[army judge]

Tell this to your court appointed lawyer.

You have a problem, so stop talking.

Your lawyer will explain your defenses to you.

Wait until then.

Get rid of any old dope.

I don't have any in my cars or homes.

Clean yours out thoroughly.


This kind of thing can get you into trouble!!!


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[mightymoose]

From detained to arrest... it really depends.
As said, having the handcuffs on does not mean you are under arrest.
However, there is a reasonable time that factors in to this. Your civil liberties and freedom of movement are being restricted so that the officer can investigate a situation... but he can't detain you for the purpose of digging around to find something to investigate.
As you describe it, in this case I believe your detainment may have become an arrest just a few minutes into this. After you were handcuffed and apparently denying permission to search, the officer didn't have sufficient reason to detain you any longer. At that point you were under arrest.
However, had the officer suspected the presence of drugs and you denied permission to search, he could have continued to detain you while he awaited a drug dog to check the OUTSIDE of the car. That would still have been reasonable if the dog was readily available and was actually a certified drug dog. That isn't what happened though.
There was no traffic violation, and no invalid license... and even if the license was invalid it did not give the officer cause to search the vehicle as he did.

Make sure you have a good attorney that will discuss these issues with you. There is more to this than just defending the charge against you. You may have a legitimate civil rights issue that needs to be addressed.