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An officer while questioning someone, for his own safety, can handcuff the person and sit them down (and they are not under arrest) for up twenty minutes. They cannot say your under arrest and then tell them they are not. One they say the magic three words they own the. On the other hand if the dope says that to an individual, "your under arrest" and then realizes he/she made a mistake, such as realizing that what they arrested someone for wasn't an arrestable offence, they are certainly required to uncuffed the person and let them go. If jaywalking is for some insane reason an arrestable offence in that area, the officer might be O.K. He might have decided to cut the person a break and let him go. That also shows idiocies that need to be checked.
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