October 8, 2012
- 35 Arrest
- 35II On Criminal Charges
- 35k60.4 What Constitutes a Seizure or Detention
- 35k60.4(2) k. Particular Cases.
Defendant who was shot in the back with two metal darts from a stun gun in dart mode reasonably believed that he was not free to leave the encounter, and, thus, he was under de facto arrest, rather than subject to a Terry stop, where the darts penetrated defendant’s body for an indefinite time period, a medical technician was needed to remove the darts, and the darts would have remained in defendant’s body until they were so removed.
Reid v. State, 2012 WL 3639058 (Md. Aug. 24, 2012)
Suggested by Ben Frisch, Senior Attorney Editor, Thomson Reuters