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by KBCraig
Thu Jun 26, 2008 2:06 am
Forum: New to CHL?
Topic: An embarrassingly basic question
Replies: 35
Views: 4634

Re: An embarrassingly basic question

Kythas wrote:There were plenty of times when I was a cop when I and other officers present would handcuff everyone at the scene. I would tell them as I was doing it "You're not under arrest at this time. I'm simply handcuffing you for your safety and mine."
Although you told them they weren't under arrest, they were. Multiple court rulings make it clear: any time an agent of the government uses force, coercion, intimidation, or physical restraint (even if it's only "perceived"), that person is "seized", thus arrested.

A simple traffic stop in Texas is an arrest, because the driver is not free to leave. If reds and blues constitute being "seized", then handcuffs darn sure do.

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