Questione giuridica chiave
Whether the police measures amounted to a deprivation of liberty triggering direct judicial review under Art. 31(4) BV.
Decisione estratta
The initial kettling alone did not yet amount to a deprivation of liberty, but the subsequent handcuffing, transport to the barracks, and detention in a cell did; taken together the four-hour police treatment fell within Art. 31(4) BV.
Motivazione estratta
The court distinguished mere restriction of movement from deprivation of liberty by looking at all circumstances, especially modality and intensity. The specific coercive measures after the kettling were sufficiently intrusive.