New York Immigration Lawyers



Searches and Seizures: Nuances of Detention

Are you detained if a cop stops you to ask a couple of questions? What if he holds you by the sleeve? What if he tells you you can't leave until he permits you to? Can you be detained, but not arrested? These nuances are touched upon in the following excerpts.

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Knowles v. Iowa (1998)
Opinion by: REHNQUIST
...[W]e held that the authority to conduct a full field search as incident to an arrest was a "bright-line rule," which was based on the concern for officer safety and destruction or loss of evidence, but which did not depend in every case upon the existence of either concern. Here we are asked to extend that "bright-line rule" to a situation where the concern for officer safety is not present to the same extent and the concern for destruction or loss of evidence is not present at all. We decline to do so.

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