District of Columbia v. Perry

The opinion of the majority is based upon its conclusion that appellee’s arrest was illegal, and with this I cannot agree. Although the Maryland officer stopped ap-pellee because of his excessive speed, he did not arrest him. The Maryland officer told appellee that he could either follow him back to Maryland or remain in the District. This language indicates clearly that the Maryland officer realized he had no authority to make an arrest in the District and in effect informed appellee that he was not under arrest. It is plain that appellee did not understand he was under arrest because he…