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!

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