Forcible Detention by Law Enforcement:

LibraryThe Rulebook: The Definitive Quick Reference Guide for New York Criminal Law Practitioners (2020 Ed.)

► FORCIBLE DETENTION BY LAW ENFORCEMENT:

Equivocality: "[N]ot every forcible detention constitutes an arrest[,] [and] '[i]n determining whether a de facto arrest has taken place, the test to be applied is what a reasonable person, innocent of any crime, would have thought had he [or she] been in the defendant's position'" (People v Drake, 93 AD3d 1158, 1159-1160 [4th Dept 2012], lv denied 19 NY3d 1102 [2012]; see Hicks, 68 NY2d 239-240; People v Yukl, 25 NY2d 585, 589 [1969], rearg denied 26 NY2d 845, 883...

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