Actually, Al, it does not matter whether the person is detained (a temporary condition) or arrested (a formal condition). In either case,
probable cause must be established before a person's rights can be curtailed.
This is clearly embodied in the Bill of Rights, Amendment 4 -
Quote:
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The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
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The difference in detainment or arrest is technical, but, in no instance, can an individual's freedom of movement be curtailed unless and until probable cause can be established. In this situation, I contend that the mere expression of a political opinion cannot be sufficient to establish probable cause in the absence of other evidence that a crime has been, or is likely to occur.