ZIAK
v.
UNITED STATES

U.S. | 1966-10-10
No. 318
385 U.S. 834 Supreme Court of the United States (1966) Positive Treatment
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  • United States v. Dalpiaz, 494 F.2d 374 (6th Cir. 1974)
    …itively that he did not place the defendant under arrest prior to the time the projectile simulator was produced. While formal words are not necessary to constitute an arrest, United States v. Baxter, 361 F. 2d 116, 118-119 (6th Cir.), cert, denied, 385 U.S. 834, 87 S.Ct. 79, 17 L.Ed.2d 69 (1966), nevertheless, in view of the detaining officer’s positive testimony that he did not believe an arrest had been made we do not treat the search of Dalpiaz as one incident to a lawful arrest. We note that the indis…

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