· 2/5/1992
Mease v. Commonwealth
Citations
- 145 Pa. Commw. 407
- 603 A.2d 679
- 1992 Pa. Commw. LEXIS 119
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that objective concerns for officer safety may hecessitate the use of handcuffs during a temporary detention
- observing that non-accusatory and non-threatening inquiries negated the fact that defendant was in custody
- observing that a police officer’s statements that he wanted the defendant to “be honest” and “real upfront with him” evidenced non- 27 Case: 21-20658 Document: 00516638619 Page: 28 Date Filed: 02/08/2023 No. 21-20658 c/w No.22-20377 accusatory and non-threatening interview
- “Informing a suspect he is not under arrest, [even without] explicitly tell[ing] him he [is] free to leave[,] . . . . would [also] suggest to a reasonable person that he [is] free to leave[.]” (alterations in original) (citation omitted)
- “Indeed, [s]ome significant restraint of freedom of movement must have occurred. For example, this court [in United States v. Ortiz, 781 F.3d 221, 224–25, 232–33 (5th Cir. 2015
- “[A]ssurances that a suspect ‘[is] not under arrest and that he [is] free to leave’ weigh in favor of determining that a suspect is not in custody.” (second and third alterations in original
Source: CourtListener parenthetical corpus (CC0).
Judges: Colins, Craig, Silvestre, Silvestri
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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