A De Facto Arrest is a situation where the police take someone in for questioning in a manner that is, in reality, an arrest.
The stop will be deemed a "de facto" arrest and will be deemed unlawful unless it is backed by complete probable cause facts if the arrest lasts longer than the "minimally intrusive" level.
De facto Arrests Are Avoided
Imagine you have a suspect in the case of a terrible crime you are looking into. You want to bring him in for questioning even if you don't yet have sufficient justification to make an arrest or obtain a warrant. With a little luck and careful questioning, you might be able to connect the suspect to the crime by getting a confession, getting prints of the suspect, getting a DNA sample, etc. Sound good?
Bringing him in for interrogation is the tough part. Even though you don't tell the suspect he's being held and even though you don't think of him as being in custody, if it appears as though you've made an arrest without probable cause, the courts will probably rule that you've made an illegal de facto arrest.
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