CA6: “Detention in a police car does not automatically constitute an arrest”

“Detention in a police car does not automatically constitute an arrest,” and it depends on all the facts and circumstances. [Officers do that for safety reasons since the detainee is locked in the back seat.] United States v. Bonner, 2020 U.S. App. LEXIS 2886 (6th Cir. Jan. 29, 2020):

“Detention in a police car does not automatically constitute an arrest.” United States v.Bradshaw, 102 F.3d 204, 211-12 (6th Cir. 1996) (collecting cases). Rather, in order to determine whether a detention not supported by probable cause became an arrest, we must determine whether “the detention and investigative methods used were reasonable under the circumstances.” United States v. Heath, 259 F.3d 522, 529 (6th Cir. 2001) (quoting United States v. Winfrey, 915 F.2d 212, 216 (6th Cir. 1990)).

. . .

On the facts of this case, Bonner’s detention in the cruiser did not rise to the level of an arrest. There is no indication in the record that Officer Schwartz or Officer Holloway ever unholstered his firearm or utilized any level of force during their encounter with Bonner. The record reflects that, at around 9:30 p.m. on the night in question, Officers Schwartz and Holloway observed Bonner in an SUV straddling the area between the driver’s seat and front passenger’s seat. The SUV was parked in a dimly lit and nearly empty lot that the officers considered to be in a high-crime area. Neither the SUV’s headlights nor interior lights were illuminated. Upon approaching the SUV on foot, the officers observed that the SUV’s radio was disconnected from the front dashboard, thus causing them to suspect that Bonner was in the act of stealing it. According to Officer Schwartz, Bonner appeared startled when he initially confronted him. Although Bonner identified himself and provided a seemingly innocent explanation for why he was in the SUV, he failed to provide a driver’s license or proof that he owned the SUV.

Furthermore, Bonner continuously reached his hands into his pockets, which the officers perceived as a threat to their safety. The officers repeatedly instructed Bonner to stop reaching into his pockets, but to no avail. Under these circumstances, the officers were entitled to take measures to protect themselves, including by ordering Bonner out of the SUV, patting him down for weapons, and briefly detaining him in their cruiser while they investigated the situation further. …