Does the fact that defendant was handcuffed and escorted across the street to the sheriff's office after being detained in an unauthorised detention constitute an illegal arrest?
California, United States of America
The following excerpt is from People v. Hamilton, C082985 (Cal. App. 2018):
The fact that defendant was handcuffed and escorted a short distance across the street to the sheriff's office, moreover, does not necessarily convert the detention into an illegal arrest. "[T]he handcuffing of a detained individual does not necessarily convert the detention into a de facto arrest." (People v. Osborne (2009) 175 Cal.App.4th 1052, 1062.) Likewise, transporting a defendant following a detention does not automatically
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