What Constitutes a Massachusetts Police Arrest
Traditionally for an action to qualify as a police arrest in Massachusetts there needs to be certain things done. Here is a list of actions that the court would say the person was arrested.
- Intent to arrest communicated by words or actions
- show of officer's authority
- use of force to arrest person
- Telling person that he is under arrest
- Handcuffing a person
In Massachusetts an actual arrest or seizure can occur without handcuffs being put on a person. Massachusetts courts have ruled that a person is under arrest, when a reasonable person knows that they are not free to leave. If one or more of the following factors in present in your case, the court is more likely to rule that you were under arrest.
- Outnumbered by police officers
- Police telling you that you are not free to leave
- Police physically restraining you
- Police drawing weapons
- Police blocking the exits
- Being confined to a patrol wagon
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Call Attorney Jason Chan to talk about your case today at 508-808-8902.