The facts and observations divulged during an investigatory detention may lead to probable cause to arrest the person detained for a DUI case. However, the officer must possess facts sufficient to support crossing the threshold between mere reasonable suspicion to detain and question, and full probable cause to arrest, before the latter action may be taken. If the investigating officer does not yet possess facts sufficient to create probable cause to believe the detainee has committed a crime, yet restrains the liberty of the detainee in a manner consistent with a formal arrest, the detention, even if initially lawful, becomes illegal. For example, transporting a DUI suspect involuntarily to a stationhouse for further questioning, without probable cause to link him with a crime such as driving under the influence, violates the detainees Fourth Amendment rights. This more intrusive step in the investigatory process requires probable cause and cannot be justified on reasonable suspicion alone. Courts look to the extent of the restriction on an individuals freedom and movement to determine if the restraint is more consistent with a detention, or a full-blown arrest. For example, although the use of handcuffs on a suspect is a hallmark of a formal arrest and is generally considered a watershed, where a temporary detention becomes an arrest, a suspect nonetheless may be handcuffed or similarly restrained during a temporary detention, if the circumstances justify it.
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