State v. Madden

Physical restraint without an officer safety justification, regardless of duration, coupled with circumstances that would cause a reasonable person to understand they were not free to leave, convert a stop into an arrest.

Defendant appealed convictions for drug crimes and unlawful firearm possession. Defendant assigned error to the trial court’s denial of his motion to suppress evidence. On appeal, Defendant argued he was unlawfully arrested when handcuffed and questioned after being in a vehicle parked in the driveway of a house subject to a search warrant. In response, the State argued Defendant was merely stopped; if arrested, his presence at a known drug house, association with a known drug dealer, attempt to hide a backpack, and the arresting officer’s knowledge of car-based drug deals, provided probable cause to support an arrest. Physical restraint without an officer safety justification, regardless of duration, coupled with circumstances that would cause a reasonable person to understand they were not free to leave, convert a stop into an arrest. The Court found Defendant was handcuffed for some time after the officer safety justification for physical restraint had dissipated, which, combined with the surrounding circumstances, caused the interaction to rise to the level of an arrest. The Court found the arrest was not supported by probable cause because Defendant could have attempted to hide the backpack for innocent reasons and the remaining evidence was not specific to Defendant. Convictions on Counts 1, 2 and 3 reversed and remanded; remanded for resentencing; otherwise affirmed.