BELOTE v. STATE

No. 103, September Term, 2008.

981 A.2d 1247 (2009)

411 Md. 104

Antonio Gonozalez BELOTE v. STATE of Maryland.

Court of Appeals of Maryland.

October 13, 2009.


Attorney(s) appearing for the Case

George E. Burns, Jr., Asst. Public Defender (Nancy S. Forster, Public Defender), on brief, for Petitioner.

Carrie J. Williams, Asst. Atty. Gen. (Douglas F. Gansler, Atty. Gen.), on brief, for Respondent.

Argued before BELL, C.J., HARRELL, BATTAGLIA, GREENE, MURPHY, ADKINS and ELDRIDGE JOHN C., (Retired, specially assigned), JJ.


BELL, C.J.

I. Introduction

The late Professor Charles Whitebread said it best: "The question of what constitutes an arrest is a difficult one." Charles H. Whitebread, Criminal Procedure: An Analysis of Constitutional Cases and Concepts § 3.02 at 61 (The Foundation Press, Inc. 1980). Indeed, "[o]n one end of the spectrum, it seems apparent that detention accompanied by handcuffing, drawn guns or words to the effect that one is under arrest qualifies...

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