Belote v. State

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 *108Constitutional 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 as an ‘arrest’ and thus requires probable cause. At the other end, a simple questioning on the street will often not rise to the level of an arrest.” Id. This…