Kernrechtsfrage
Whether the police measures constituted a deprivation of liberty requiring direct judicial review under Art. 31(4) BV
Extrahierter Entscheid
The 2.5-hour kettling alone was not yet a deprivation of liberty, but the subsequent 3.5-hour restraint, handcuffing, transport to the barracks, and detention in a cell did amount to a deprivation of liberty.
Extrahierte Begründung
The court distinguished between mere restriction of movement and deprivation of liberty by considering nature, effect, modalities, and duration. The cumulative six-hour sequence had to be assessed as one deprivation of liberty.