Motofixxer
Regular Member
But you're not under arrest you're detained
Actual custody has been defined to mean actual imprisonment or physical detention. State v. Schaller, 70 Wis. 2d 107, 111, 233 N.W.2d 416, 418 (1975).
https://scholar.google.com/scholar_c...=4,50&as_vis=1 Line 75 In Custody when the “ability or freedom of movement had been restricted” State v. Adams, 447 NW 2d 90 - Wis: Court of Appeals 1989
DETAIN: To retain as the possession of personalty. First Nat. Bank v. Yocom, 96 Or. 438, 189 P. 220, 221. To arrest, to check, to delay, to hinder, to hold, or keep in custody, to retard, to re strain from proceeding, to stay, to stop. People v. Smith, 17 Cal.App.2d 468, 62 P.2d 436, 438. (Blacks Law 4th Ed, Pg 535)
ARREST: To deprive a person of his liberty by legal authority. Taking, under real or assumed authority, custody of another for the purpose of holding or detaining him to answer a criminal charge or civil demand. Ex parte Sherwood, 29 Tex.App. 334, 15 S.W. 812. Physical seizure of person by arresting officer or submission to officer's authority and control is necessary to constitute an "arrest." Thompson v. Boston Pub. Co., 285 Mass. 344, 189 N.E. 210, 213. It is a restraints however slight, on another's liberty to come and go. Turney v. Rhodes, 42 Ga.App. 104, 155 S.E. 112. It is the taking, seizing or detaining the person of another, touching or putting hands upon him in the execution of process, or any act indicating an intention to arrest. U. S. v. Benner, Bald. 234, 239, Fed.Cas.No.14,568; State v. District Court of Eighth Judicial Dist. in and for Cascade County, 70 Mont. 378, 225 P. 1000, 1001; Hoppes v. State, 105 P.2d 433, 439, 70 Okl.Cr. 179.(Blacks Law 4th Ed, Pg 140)
SEIZE: seize,vb.1. To forcibly take possession (of a person or property). 2. To place (someone) in
possession. 3. To be in possession (of property).4. To be informed of or aware of (something). See
SEISIN; SEIZURE.(Blacks Law 8th Ed, Pg 4237)
SEIZURE: seizure,n. The act or an instance of taking possession of a person or property by legal right or
process; esp., in constitutional law, a confiscation or arrest that may interfere with a person's
reasonable expectation of privacy. [Cases: Arrest 68(4); Searches and Seizures 13.1. C.J.S.
Arrest § 45; Searches and Seizures§§ 8, 13, 20, 23, 70, 72.](Black's Law Dictionary 8th Ed, Page 4238)
.
Actual custody has been defined to mean actual imprisonment or physical detention. State v. Schaller, 70 Wis. 2d 107, 111, 233 N.W.2d 416, 418 (1975).
https://scholar.google.com/scholar_c...=4,50&as_vis=1 Line 75 In Custody when the “ability or freedom of movement had been restricted” State v. Adams, 447 NW 2d 90 - Wis: Court of Appeals 1989
DETAIN: To retain as the possession of personalty. First Nat. Bank v. Yocom, 96 Or. 438, 189 P. 220, 221. To arrest, to check, to delay, to hinder, to hold, or keep in custody, to retard, to re strain from proceeding, to stay, to stop. People v. Smith, 17 Cal.App.2d 468, 62 P.2d 436, 438. (Blacks Law 4th Ed, Pg 535)
ARREST: To deprive a person of his liberty by legal authority. Taking, under real or assumed authority, custody of another for the purpose of holding or detaining him to answer a criminal charge or civil demand. Ex parte Sherwood, 29 Tex.App. 334, 15 S.W. 812. Physical seizure of person by arresting officer or submission to officer's authority and control is necessary to constitute an "arrest." Thompson v. Boston Pub. Co., 285 Mass. 344, 189 N.E. 210, 213. It is a restraints however slight, on another's liberty to come and go. Turney v. Rhodes, 42 Ga.App. 104, 155 S.E. 112. It is the taking, seizing or detaining the person of another, touching or putting hands upon him in the execution of process, or any act indicating an intention to arrest. U. S. v. Benner, Bald. 234, 239, Fed.Cas.No.14,568; State v. District Court of Eighth Judicial Dist. in and for Cascade County, 70 Mont. 378, 225 P. 1000, 1001; Hoppes v. State, 105 P.2d 433, 439, 70 Okl.Cr. 179.(Blacks Law 4th Ed, Pg 140)
SEIZE: seize,vb.1. To forcibly take possession (of a person or property). 2. To place (someone) in
possession. 3. To be in possession (of property).4. To be informed of or aware of (something). See
SEISIN; SEIZURE.(Blacks Law 8th Ed, Pg 4237)
SEIZURE: seizure,n. The act or an instance of taking possession of a person or property by legal right or
process; esp., in constitutional law, a confiscation or arrest that may interfere with a person's
reasonable expectation of privacy. [Cases: Arrest 68(4); Searches and Seizures 13.1. C.J.S.
Arrest § 45; Searches and Seizures§§ 8, 13, 20, 23, 70, 72.](Black's Law Dictionary 8th Ed, Page 4238)
.