Piper J3 makes emergency landing near Sandia Labs, pilot taken away in cuffs.

Ya it is local to me. For a second I thought it was a Cub I had time in but I don't think it is. That area has very strict security, still doesn't justify the arrest though.
 
Yeah I made sure to not say arrested. Probably just detained for questioning since it is a high security area. Hopefully the pilot doesn't get dinged for anything.
 
If you're in handcuffs, you've been arrested!

even if you were released later (not charged), doesn't mean the arrest didn't happen!
 
mshunter said:
No, it means you are being detained. Either way, still held against your will.
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Actually a traffic stop is considered "detention" which is a restriction of movement based on reasonable suspicion; in most cases detention does not involve relocation. Arrest is a higher level of detention based on probable cause that a crime has been commited. in this case, the pilot was handcuffed and removed from the scene....arrested.

Arrest does NOT mean charged...
 
dustoff17 said:
Actually a traffic stop is considered "detention" which is a restriction of movement based on reasonable suspicion; in most cases detention does not involve relocation. Arrest is a higher level of detention based on probable cause that a crime has been commited. in this case, the pilot was handcuffed and removed from the scene....arrested.

Arrest does NOT mean charged...
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Engine failure to a landing in a field is PC to be arrested? No, he was detained in handcuffs for questioning. I have a clean record, but have been put in handcuffs before and brought to a station for questioning, a loooooong time ago. Thankfully, it was a mistake on their part. But arrested I was not. I was "placed in handcuffs for our safety and yours. You're not under arrest. We just want to talk to you."
 
mshunter said:
Engine failure to a landing in a field is PC to be arrested? No, he was detained in handcuffs for questioning. I have a clean record, but have been put in handcuffs before and brought to a station for questioning, a loooooong time ago. Thankfully, it was a mistake on their part. But arrested I was not. I was "placed in handcuffs for our safety and yours. You're not under arrest. We just want to talk to you."
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It wasn't for your own safety! They had firearms and a handcuffed individual. You were arrested and being detained for no one's safety except that of the officer..
 
mshunter said:
Engine failure to a landing in a field is PC to be arrested? No, he was detained in handcuffs for questioning. I have a clean record, but have been put in handcuffs before and brought to a station for questioning, a loooooong time ago. Thankfully, it was a mistake on their part. But arrested I was not. I was "placed in handcuffs for our safety and yours. You're not under arrest. We just want to talk to you."
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"The use of firearms, handcuffs, putting a person into a locked patrol car, transporting him without his consent, or simply a "show of force," may, under the circumstances, cause the court to later find that an attempted detention was in fact an arrest, and, if made without "probable cause," illegal." (United States v. Ramos-Zaragosa (9th Cir. 1975) 516 F.2nd 141, 144; New York v. Quarles (1984) 467 U.S. 649 [81 L.Ed.2nd 550], handcuffs; Orozco v. Texas, supra, force.)

et al.

If I'm in handcuffs in the back of a cop car, I have most probably been arrested.

-Fox
 
(Which is not to say, by the way, that they didn't have 'probable cause' to arrest him. Depending on where he landed, they may have ample legal rationale to arrest and charge him, regardless of "common sense". The problem with broad sweeping laws intended to be tempered by rationality is that they rarely are.)
 
RobertB said:
It wasn't for your own safety! They had firearms and a handcuffed individual. You were arrested and being detained for no one's safety except that of the officer..
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If that were the case, then I'd have an arrest on my record, and I don't.
 
mshunter said:
If that were the case, then I'd have an arrest on my record, and I don't.
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Not true at all. The official record of an arrest is attached to formal charges. If you weren't charged, you would have no record of arrest but you can bet your ass you were arrested as explained by the US Supreme Court ruling above.

I was arrested for driving on a suspended DL, handcuffed, transported, photographed, printed, ROR. I determined the State had suspended my DL in error (similar named person was the target) and the case was dropped therefore no arrest was recorded.

No doubt in anyone's mind whether I was arrested, and should be no doubt in your mind with regards to your arrest. Just because it doesn't show up on an official record, doesn't mean it didn't happen!! I guarantee you that the agency that arrested you, has a record of your arrest with a "cleared" disposition in the file.......
 
If you fly out of LVK, RHV, or TCY, this place is drilled into you during training. You give it a wide birth!
 
Like others have said, being in handcuffs in not necessarily an arrest. If you've ever worked law enforcement before, a simple "let's talk" can get ugly quick. Sure the handcuffs change the mood a little, but it is easier to remove the cuffs, be polite and explain the reason why you use hand cuffs than have to explain why you took someone down forcefully during a simple field interrogation that went ugly.
 
CFI A&P said:
Like others have said, being in handcuffs in not necessarily an arrest. If you've ever worked law enforcement before, a simple "let's talk" can get ugly quick. Sure the handcuffs change the mood a little, but it is easier to remove the cuffs, be polite and explain the reason why you use hand cuffs than have to explain why you took someone down forcefully during a simple field interrogation that went ugly.
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Help us out here @MikeD. You're LEO, what say you?
 
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