Handcuffs
Jun/090
Handcuffs
When a cop puts you in handcuffs, when are you formally "arrested"?
If a cop puts you in handcuffs, and you lay on the ground, are you arrested? What if they never brought you to the station? In a teen's case, what if you are put in handcuffs, and a few hours later you are turned over to your parents, without moving from the spot on the ground you were handcuffed? Were you arrested?
Typically an arrest will involve you formally being charged with a crime. This is usually accompanied with a "booking" which involves plenty of paperwork for the arresting officer, and you being photographed and fingerprinted.
Merely being cuffed, and released to ma and pa will typically be a detention.
As for the worthless answers relating to being "read your rights". Utter BS. A suspect is only required to be advised of their rights under Miranda when a) they are in custody and b)under interrogation.
At my department it is policy that a verbal advisement of so called "Miranda Rights" is not acceptable, and that the suspect must waive his rights in writing by signing an Adviser Waiver Form.
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