Yes and No.... to many If's whats and or buts...
Everything is case by case. Do I have a witness that doesn't want to talk about a child rape? I will sit there and stare at them for 8hrs then. No civil court is going to nail me on that one but, if they witnessed a shop lifter, not a chance.
There is very little black and white, lots of grey area and all officers must be able to use what tools they have to make a call.
Tweedy bird,
Like I have said before, a arrest is only, only after I have pressed charges,, If I give you a parking ticket, it is an arrest.
Ok, If I pick you up for DUI, I have you in custody, you are now being DETAINED!!! We go to the jail and I do my paperwork, you are given a blood test or breathilizer or what ever. You are in a holding cell while I do my paper work. You are in jail but, IT IS NOT PUBLIC RECORD YET! I must do my job before it goes public. If I release to the press that you are in jail, I'm sure you would be upset if I was to release you with no charges pressed. (neg. blood test or something).
Once I decided that you are DUI, then I will file charges against you. Now, you are arrested. Now you are public record.
This is that last that I shall respond, All departments, states, countys, townships and cities have differant rules and laws. We don't live in China, people don't just disppear like they do in some 1970's movie. If you think that they are to tough on someone, move to Mexico. The system there will be much more to your liking.
Stay safe everyone.