| 词汇 | ARREST3 |
| 释义 | `1`ARREST3 `2` "Legal Lexicon": When weighing the various factors that may distinguish an investigative stop from an arrest, e.g. the number of officers present, the officer's show of force, and the use of physical restraints, see U.S. v. Hammock, supra, at 393, such an inquiry must, in the end, be guided by ''common sense and ordinary experience.' ' U.S. v. Hastamorir, supra, at 1556 (quoting U.S. v. Espinosa-Guerra, 805 F.2d 1502, 09 (11th Cir.'86)) (further citation omitted). And in the 'common sense' view, when an individual is directed to leave his house (or that of a friend) by the police, is then immediately handcuffed by armed officers, and is forced to lie down on the ground in the presence of almost a dozen FBI agents wearing raid jackets, in a neighborhood that has been cordoned off by marked and unmarked police vehicles, such a person could not reasonably believe that he would, soon or shortly, be free to leave, and, therefore, he would reasonably believe that he has been subject to an arrest, rather than a mere investigatory stop. See U.S. v. Hawkins, 59 F.3d 723, 727 (8th Cir.'95) (suspect under arrest when removed from his bedroom and handcuffed in the hallway); U.S. v. Morgan, 743 F.2d 1158, 1164 (6th Cir.'84) (suspect under arrest when ordered to exit his house by several police officers who had surrounded his house), cert. denied, 471 U.S. 1061 ('85); U.S. v. Williams, 630 F.2d 1322, 1324 (9th Cir.) (same under similar facts), cert. denied, 449 U.S. 865 ('80); see also Oliveira v. Mayer, 23 F.3d 642, 645-46 (2d Cir.'94) (suspect under arrest when he was handcuffed by armed officers after being told to exit his vehicle), cert. denied, 115 S.Ct. 721 (1995); U.S. v. Anderson, 981 F.2d 1560, 65-66 (10th Cir.'92) (same under similar facts); U.S. v. Del Vizo, 918 F.2d 821, 824-25 (9th Cir.'90) (same); U.S. v. Gentry, 839 F.2d 1065, 1070 (5th Cir.'88) (same). An arrest does not necessarily and automatically result only from the use of physical restraints (e.g., handcuffs), U.S. v. Hastamorir, supra, at 1557; U.S. v. Kapperman, 764 F.2d 786, 790 n. 4 (11th Cir.'85), or only from the officers' show of force (e.g. drawing their weapons), U.S. v. Roper, 702 F.2d 984, 988 (11th Cir.'83), it cannot be seriously doubted that these factors, when used in conjunction, would ordinarily lead a reasonable person to believe that he is under arrest, cf. 2 LaFave, supra, Section(s) 5.1(a) at 390-91; 3 id. 9.2(d) at 366-67, especially when such a seizure follows directly on the heels of an official directive, or even a 'request,' to leave the sanctuary of one's home. Under one view, an arrest under the Fourth Amendment, would only occur when the police recite the magic words, 'You are now under arrest,' or perhaps after the passage of a considerable period of time. Such a result is plainly inconsistent with the precedent of the Supreme Court, Dunaway v. New York, 442 U.S. 200, 212-13 ('79) (whether a suspect was told that he was 'under arrest' is irrelevant to determining whether he was, in fact, under arrest). When it is clear that the officers have resorted to such restrictive seizures of individuals (handcuffing them at gunpoint) in order to investigate their suspicions of prior criminal activity, the detention of the suspects is sufficiently serious to constitute an arrest requiring probable cause, even if the officers did not formally advise the suspects that they were 'under arrest' (or even if the officers did not intend to effect a 'formal' arrest). U.S. v. Diaz-Lizaraza, supra, at 1221-22; see also U.S. v. Vargas, supra, at 298. Arrest In Civil Cases, Practice. An arrest is the apprehension of a person by virtue of a lawful authority, to answer the demand against him in a civil action. Go to ARREST4 |
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