When are you under arrest? When the police officer says that you are or when you are handcuffed?

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When are you under arrest? When the police officer says that you are or when you are handcuffed?

http//codes.ohio.gov/orc/2921.34v1

I was charged with excape for running
from the police. I was not handcuffed
he just simply said I was under areest.

Asked on November 16, 2016 under Criminal Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Detention does not require handcuffing; it requires only any indication that the person is not free to go. And someone is under arrest as soon as they told they are under arrest--someone cannot escape arrest by simply bolting or running the instant the office says he is under arrest. Based on what you write, you did commit the offense in question, since you were under arrest.


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