could be ,,but in this case he was detained for questioning because he was at the scene of a crime and when he refused to answer questions he was released,,,,
It was a de facto arrest because he was brought into police custody. It doesn't matter what you call it, it became an arrest by their actions.
thanks for your opinion,,but I will stick with the reality and facts of the case,,,
The facts aren't in question. He was taken against his will, transported to the courthouse and interrogated.
Precedent demonstrates that's an arrest.
You don't believe it is, but we don't really know why. Just "because".
precedent doesnt apply here because the facts say he was at the location of a crime dressed like the criminals and detained for questioning and then released because he refuse to answer those questions,,,
The precedent applies because we are trying to determine if he was arrested or detained.
This is important because the DHS didn't get probable cause. Being at the location and "dressed like the criminals" does not amount to probable cause.
Now, if you want to argue that his detention was so brief that it couldn't be an arrest, I presented a case above where someone was held in police custody for 15 minutes but constituted an arrest because he was brought into a room away from where he was and kept there by two police officers. If that counts an arrest, surely this does to.
did you miss the part where he was at the scene of a crime and dressed just like the people that committed the crimes???
thats probable cause,,,,
No, it's not. Not even the DHS said they had probable cause.
Probable cause must be information or evidence that ties the person directly to the crime committed. That just doesn't exist here. Again, if the arrested person had been seen doing something criminal, that'd be different, but he wasn't.
well he was there and dressed just like the criminals,,he even admitted to being there,,
thats what you call probable cause,,,
so far no one has accused him of committing a crime,,,