Before the Dolphins game yesterday, an incident occurred where Tyreek Hill was placed in handcuffs before being released. First, to be clear, at no time was he ever under arrest. He was briefly detained for officer safety...Steadman Stahl, president of the South Florida Police Benevolent Association.
Wrong. A "seizure" of a person is an arrest. 4th Amendment U.S. Constitution.
Held: The application of physical force to the body of a person with intent to restrain is a seizure...
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In Hodari D., this Court explained that the common law considered the application of physical force to the body of a person with the intent to restrain to be an arrest...A review of the pertinent English and American decisions confirms that the slightest touching was a constructive detention that would complete the arrest.
Torres v Madrid, 592 U.S. 306 (2021), Supreme Court of the United States, Chief Justice Roberts for the Court.
