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.
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