Monday, August 1, 2016

Excuse of Putting a Bra On to Escape the Police Constitutes Escaping Arrest

 A woman was found guilty of "escaping arrest" after sneaking away from the police who gave her permission to put her bra on before arresting her, even if they did not physically arrest her yet

State v. Dorweiler, 2016 BL 234092, Me., No. PEN-15-228, 7/21/16.

    The Maine Supreme Court found that being in the police’s physical custody is not necessary for the purposes of an unlawful escape once the person submits to the police. The court found that the defendant was constructively seized by the police when she acquiesced by letting them into her home and submitted to their commands. The court found that the defendant’s actions and comments gave the arresting officers as much control over the situation as needed, thereby constructively arresting her. The court also ruled that the subjective intent of the arrestee is not determinative in establishing whether the person was under arrest under the escaping arrest statute.

http://www.bloomberglaw.com/public/document/State_v_Dorweiler_No_PEN15228_2016_BL_234092_Me_July_21_2016_Cour.

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