context: However, determining the precise point at which a temporary investigative detention has ripened hito a warrantless arrest is no more susceptible to a blight-line rule than is determining when a suspect is "in custody."
citation_a.signal: see
citation_a.identifier: 470 U.S. 675, 685
citation_a.parenthetical: observing that there are "difficult line-drawing problems in distinguishing an investigative stop from a defacto arrest" and declining to adopt a "bright line" rule demarcating one from the other
citation_a.sentence: See, e.g., United States v. Sharpe, 470 U.S. 675, 685, 105 S.Ct. 1568, 84 L.Ed.2d 605 (1985) (observing that there are “difficult line-drawing problems in distinguishing an investigative stop from a defacto arrest” and declining to adopt a “bright line” rule demarcating one from the other); Washington v. Lambert, 98 F.3d 1181, 1185 (9th Cir.1996) (“[t]here is no bright-line rule to determine when an investigatory stop becomes an arrest” (citing United States v. Parr, 843 F.2d 1228, 1231 (9th Cir.1988))); see also Ah Loo, 94 Hawai'i at 210, 10 P.3d at 731. Nevertheless, it is self-evident that a temporary investigative detention in the absence of sustained and coercive questioning is “noncustodial,” whereas an arrest is “custodial.” See Ah Loo, 94 Hawai'i at 210, 10 P.3d at 731. Accordingly, an arrestee is obviously “in custody” whether or not, in retrospect, the arresting officer had probable cause to effect the arrest in the first place.
citation_b.signal: cf.
citation_b.identifier: 54 Haw. 552, 557
citation_b.parenthetical: observing that an officer's failure to state, "I place you under arrest," does not preclude an arrest from occurring where an officer's action makes it clear to the defendant that he or she is not free to leave and holding that an officer who had probable cause to arrest took custody of the defendant by ordering him to leave a toilet stall, stand up against a wall, and remain subject to his commands
citation_b.sentence: Cf. State v. Delmondo, 54 Haw. 552, 557, 512 P.2d 551, 554 (1973) (observing that an officer’s failure to state, “I place you under arrest,” does not preclude an arrest from occurring where an officer’s action makes it clear to the defendant that he or she is not free to leave and holding that an officer who had probable cause to arrest took custody of the defendant by ordering him to leave a toilet stall, stand up against a wall, and remain subject to his commands); State v. Ortiz, 4 Haw.App. 143, 662 P.2d 517 (“[a]n arrest occurs where the defendant clearly understands that he [or she] is not free to go and no ‘magic words’ such as, T place you under arrest,’ are required” (citations omitted)), affirmed, 67 Haw. 181, 683 P.2d 822 (1984).