3 ms·
If you were arrested without good cause and then let free you were seized, past tense, and then free at the same time. The same is true if you were held momenta
by michaelmrose 6y ago
If you were arrested without good cause and then let free you were seized, past tense, and then free at the same time. The same is true if you were held momentarily then got free.
Being freed in 10 seconds or 10 years later doesn't make the seizure less unlawful and your current disposition should have little to do with deciding what WAS lawful at time of seizure.
Deciding that shooting a suspect unlawfully counts as detaining them is more challenging than the current state. I would prefer to call it attempted murder and prosecute the shooter.
- amscanne 6y agoThe suspect was, at no point during the time period relevant to complaint, under the physical control of the police. That's the point. You can say that you were "seized" if the physical control lasted 10 seconds or 10 years, but in this case there was only attempted seizure.
- theossuary 6y agoI don't know, I think shooting somebody (or even shooting at somebody) puts them under your physical control.