Which type of arrest occurs without an actual seizure but leads to the belief that a person is not free to leave?

The concept of a de facto arrest pertains to situations where law enforcement creates an environment in which an individual feels that they are not free to leave, even if there is no formal seizure or custody. This perception of restraint can arise from the actions and statements of police officers that convey the impression of mandatory compliance.

In a de facto arrest scenario, while there may not be physical handcuffs or overt instructions to stay put, the totality of the circumstances can create an atmosphere where the individual feels compelled to stay, thus feeling arrested in a broader sense. This captures the essence of how a person can be deprived of their freedom to move without being formally arrested in a traditional sense.

Understanding this concept is crucial for legal practitioners and law enforcement as it impacts the assessment of whether an encounter is consensual or if it rises to the level of an arrest, affecting the legality of subsequent actions taken, such as searches or interrogations.