DE FACTO ARRESTS: A detention that does not
satisfy one or both of these requirements may be
invalidated in two ways. First, it will be deemed a de
facto arrest if the safety precautions were excessive,
if the detention was unduly prolonged, or if the
detainee was unnecessarily transported from the
scene. While de facto arrests are not unlawful per se,
they will be upheld only if the officers had probable
cause to arrest.21 As the court noted in United States
v. Shabazz, A prolonged investigative detention
may be tantamount to a de facto arrest, a more
intrusive custodial state which must be based upon
probable cause rather than mere reasonable suspicion.
The question arises: Is a [MIRANDA] waiver required if the
detainee is in handcuffs? [Meaning, did the detention rise to the level of an arrest?]
In most cases, the answer
is yes because handcuffing is much more closely
associated with an arrest than a detention.149 But
because the issue is whether a reasonable person
would have concluded that the handcuffing was
tantamount to a formal arrest,150 it is arguable
that a handcuffed detainee would not be in custody
if, (1) it was reasonably necessary to restrain
him, (2) officers told him that he was not under
arrest and that the handcuffing was merely a temporary
safety measure, and (3) there were no other
circumstances that reasonably indicated he was
under arrest.151
http://www.google.com/url?sa=t&rct=...=RK549W9UwOK3OtdP9RUq_w&bvm=bv.57155469,d.cGU
