Does stopping at gunpoint, handcuffing and making the suspect sit on the ground turn into an arrest?
California, United States of America
The following excerpt is from People v. Colvin, C066988 (Cal. App. 2012):
4. For Fourth Amendment purposes, stopping a suspect at gunpoint, handcuffing him, and making him sit on the ground, does not necessarily turn a detention into an arrest. (See People v. Celis (2004) 33 Cal.4th 667, 675.) But we are reviewing the denial of defendant's Miranda motion, and the issue is not whether a detention turned into an arrest, but whether a reasonable person would feel free to leave. (See Pilster, supra, 138 Cal.App.4th at pp. 1405-1406.)
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