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What is an arrest?

The New York City Police Department has arrested you when the police have seized your person.  However, not all seizures are considered an arrest.  According to the New York Court of Appeal whenever an individual is physically or constructively detained by significant interruption of his liberty of movement because of police action, that individual has been seized within the meaning of the Fourth Amendment.  See People v Cantor, 36 NY2d 106 (1975).

 

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The Law Office Bryan Hutchinson, PLLC is committed to answering your questions about personal injury, divorce, and probate and estate administration issues in New York. We offer free consultations and we'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.