being read your rights is another issue altogether. The few times it DOESNT happen, more often than not, a charge against uyou is compromised....
But the miunute an officer cuffs you with the intent to transport you against your will, it is an arrest and you MUST be read your miranda rights.
The only other time an officer will cuff someone without it being an arrest is if it is a situation where they believe you may flee or hurt someone (including yourself) before there is enough information warranting an arrest.
Like I said. I was arrested. I was cuffed. I was transported to a detention facility. I spent 55 minutes there. Then I was released on my own recognizance. I was not charged with anything. I was not booked. I was not printed. I was not photgraphed for a mugshot. I was not a danger to myself and no reasonable person could have thought I was a danger to others.
And, I was not read my Miranda rights.
And, I know several who had the same thing happen - arrested, but not mirandized.
So, all that means is if the whatever they thought I did went to court, anything I said while in custody, would be DQed from trial.
I think it's a shakey assumption to make that just because someone is arrested, that they are mirandized. They should be, but what should be is not always the case.
