3 ms·
The standard for a detention is that a reasonable person would believe they weren't free to go. So in your hypothetical, the fact that the officer says you're n
by mbrameld 13y ago
The standard for a detention is that a reasonable person would believe they weren't free to go. So in your hypothetical, the fact that the officer says you're not detained doesn't matter. If he says you're not free to leave then you're detained. From that point, other than identifying yourself, you should not answer any questions and ask to speak with an attorney.
- gst 13y agoBut that's exactly what happened: 1) He was in handcuffs, so apparently not free to go. 2) Police told him he can't contact a lawyer because he's not arrested. 3) Police forced him to undergo a medical procedure (still, without being "arrested") I'm not sure if "not answering any questions" would have helped the victim in that case.
- colinbartlett 13y agoI suppose that's why they paid him $1.6M.
- jrockway 13y agoI'd want to call my insurance company to make sure they cover forced penetration. Nobody wants a high out-of-pocket bill for getting two involuntary enemas and a colonoscopy. Also starts the paper trail for the lawsuit.
- lingben 13y ago3 enemas but who's counting