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Criminal Procedure Keyed to Dressler
Dunaway v. New York
Citation:
442 U.S. 200, 99 S.Ct. 2248, 60 L.Ed.2d 824.Facts
On March 26, 1971, the proprietor of a pizza parlor in was killed during an attempted robbery. On August 10, 1971, a detective was told by another officer that an informant had implicated the defendant in the crime. The detective questioned the supposed source of the lead (a jail inmate awaiting trial for burglary) but learned nothing that supplied “enough information to get a warrant” for the defendant’s arrest.
Nevertheless, the detective ordered other detectives to “pick up” the defendant and “bring him in.” He was located in a house and was taken into custody. Although he was not told he was under arrest, he would have been physically restrained if he had attempted to leave. He was driven to police headquarters in a police car and placed in an interrogation room, where he was questioned by officers. He made statements and drew sketches that incriminated him in the crime, and was later found guilty of the crime.
He appealed, arguing that the seizure was not constitutional.
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