When am I Considered Under Arrest [Infographic]

When am I Considered Under Arrest

When you hear a police officer say "You're under arrest", it is almost always the case that an arrest has occurred.

Here are a few factors that are crucial to know that you have been placed under arrest.

Are You Free to Leave?

• If you are not free to leave, the police encounter is not consensual, which raises the likelihood that you have been arrested.

• Courts will consider if your freedom of movement was limited and whether a reasonable person would have believed they were not free to leave.

• A lengthy detention can turn into an arrest even when force is not used.

Did Police Exercise a Show of Force?

• The use of force can upgrade a police encounter from detention to an arrest.

• Examples of force include ordering you to exit a vehicle at gunpoint, being ordered to stop and lie face down, etc.

If you believe you have been unlawfully arrested, schedule a free consultation with a Phoenix criminal defense lawyer who will protect your legal rights!