Being Handcuffed by the Police Doesn't Necessarily Mean You're Under Arrest
Just because the police handcuff you does not necessarily mean you're under arrest. That's what the Florida Supreme Court ruled in a case called Reynolds v. State of Florida.
In Reynolds, the Florida Supreme Court ruled that it is legal for a police officer to handcuff someone if the officer reasonably believes that it is necessary to do so in order to protect the officer's safety or to prevent that person from fleeing. However, handcuffing a person in this situation does not necessarily mean that the person is under arrest; it may simply mean that the person is being temporarily detained while the officer conducts his investigation.
The Reynolds Court cited to a case from Alaska called Howard v. State of Alaska which held that a person who had been handcuffed and had guns drawn on him by police officers was not under arrest but was simply being detained while the police conducted their investigation.
So the next time a police officer points a gun at you and puts handcuffs on your wrists, just remember--you may not be under arrest.
But What if you are a Victim of a crime? I has held at gun point abd robbed. When The Police Officers finnaly arrived. They showed no form of concern, within 30 min of being arrested. I was placed in hand cuffs and place in the back of the Patrol car in front of my 11 year old son.
The reason the officer did this was because I was acting disordely. Then he changed his story and told his supervisor that I would not answer his questions
Welcome to nazi germany. hitler just left office
If they handcuff you for there protection or detained but are moved more than 10 feet doesn't that mean you are arrested? I took a class for handcuffing and that's what it said to security and police, if your detained they can't move you from the surrounding area, but if they move you more than 10ft your technically arrest and they have to read you your rights which allows them to move you to wherever they wish.
Attorney Chapman's response:
Typically when a person is handcuffed he is considered to be under arrest. However, I have never heard of a "10 foot rule."