Which of the following factors can indicate a De Facto arrest?

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Study for the NLETC Arrest Search and Seizure Test. Use flashcards and multiple choice questions, each with hints and explanations. Prepare for your exam!

The length of the stop is a crucial factor that can indicate a De Facto arrest. A De Facto arrest occurs when a law enforcement officer's actions effectively communicate to a reasonable person that they are not free to leave. When the duration of a stop extends beyond the time necessary to conduct a brief questioning or inquiry, it may suggest that the individual is being detained rather than merely engaged in a consensual encounter.

In legal terms, if a person is held for an extended period without probable cause or a clear justification for the length of the stop, this can contribute to the determination that an arrest has taken place. Courts evaluate the reasonableness of the stop based on the circumstances, including the time frame and whether the officer is diligently working to resolve the matter at hand.

While other factors may influence perceptions of authority or restraint, the length of time someone is detained is often a decisive indicator of whether a De Facto arrest has occurred.

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