In a De Facto arrest, what must the circumstances communicate to a reasonable person?

In the context of a De Facto arrest, the circumstances must communicate to a reasonable person that they are not free to leave. A De Facto arrest occurs when a person's freedom of movement is restricted by law enforcement, even if the officer does not formally declare that an arrest is taking place.

The key element here is the communication of restraint; the actions and words of the officer create an impression that a reasonable person would understand as effectively being detained. Thus, if a reasonable person perceives that they cannot leave, it indicates that the officer's conduct has resulted in a De Facto arrest.

Understanding this concept is essential for grasping the legal nuances of arrest scenarios. A reasonable person’s perspective plays a significant role in determining the nature of the interaction with law enforcement, and the clear understanding that they are not free to leave supports the legal definition of what constitutes a seizure under the Fourth Amendment.