Originally Posted by bdschobel
Whenever a law-enforcement officer detains you (being prevented from leaving the plane is prima facie detention), you should immediately ask, "Am I under arrest?" That question should be the first thing out of your mouth (well, maybe after identifying yourself). If the answer is no, then ask, "So am I free to go?" If the answer to that question is no, then repeat the first question. Repeat this cycle as many times as necessary until either (1) you are actually arrested (very, very unlikely without probable cause -- and then you can sue) or (2) you are told that you are free to go, which will happen eventually.
This isn't quite correct. You can be lawfully detained without being arrested. This is called a "Terry stop," after the case of
Terry v. Ohio. A law enforcement officer with an artculable suspicion (less than probable cause, but more than mere suspicion) to believe that a crime has been committed, is being committed, or is about to be committed can detain a person for "a reasonable period of time." The USSC has never defined what constitutes "reasonable," but has implied that it varies depending on the gravity of the offense suspected. Further, if the officer can articulate why the person being detained might be carrying a weapon that can be used to injure the officer, the officer can pat-search the detainee for weapons (a more intrusive search is not allowed, absent consent). During this detention, the detainee is required to state his name, if asked, but may refuse to answer any other questions if he chooses. The detainee may not be moved from the place of detention without his consent or elevating the detention to an arrest.
Officers make Terry stops regularly. I suggest that the stop that goalie was describing was a Terry stop, although I don't know how well the articulated suspicion would hold up in court. That part is always a crap shoot.