Which statement describes a de facto arrest?

Which statement describes a de facto arrest?

• A. When a police contact would lead a reasonable person to believe he is free to leave
• B. When the circumstances would lead a reasonable person to believe he is not free to leave
• C. When a warrant is required for continued detention
• D. When the person explicitly asks for an attorney

Answer: (B)

A de facto arrest occurs when police actions create a detention that feels like an arrest even without a formal arrest. The key test is whether a reasonable person would feel they are not free to leave. If the circumstances make leaving impossible or highly constrained, the person is effectively in custody, and the situation is treated as an arrest for purposes of rights and questioning. That’s why this statement is the best: it captures the sense of restraint and coercion that characterizes a de facto arrest. The other options describe either being free to leave (not an arrest), needing a warrant for continued detention (not the defining feature of a de facto arrest), or an attorney request (relevant to custodial rights, not the arrest nature itself).

A de facto arrest occurs when police actions create a detention that feels like an arrest even without a formal arrest. The key test is whether a reasonable person would feel they are not free to leave. If the circumstances make leaving impossible or highly constrained, the person is effectively in custody, and the situation is treated as an arrest for purposes of rights and questioning.

That’s why this statement is the best: it captures the sense of restraint and coercion that characterizes a de facto arrest. The other options describe either being free to leave (not an arrest), needing a warrant for continued detention (not the defining feature of a de facto arrest), or an attorney request (relevant to custodial rights, not the arrest nature itself).